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The  University  of  Toronto 


^ ^_,.MMk.J^ 

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9  Front  St.  West,  TORONTO 

Clasgical  Scries 





H    W.   AUDEN,   M.A. 





MACMILLAN    AND    CO.,  Limited 








Printedby  R.  &  R.  Clark,  Limited,  Edinburgh. 


In  preparing  this  school  edition  of  the  pro  Plancio 
I  have  been  chiefly  indebted  to  the  following 
works  : — 

Cicero's  rede  fiir  Cn.  Plancius.     Kopke  ;  neu  bearbeitet  von 

Landgraf.     Leipsic,  1887. 
Ciceronis  Oratio  pro  Plancio,  recog.  Ed.  Wunderus,  1830. 
Orazione  in  difesa  di  Cn.  Plancio.     G.  B.  Bonino  ;   Turin. 
Th.  Mommsen  Romische  Staatsrecht. 
Iwan  Miiller  Handhuch  d.  classischen  Altertunnvissenschaft. 

The  text  is,  with  a  few  exceptions,  that  of  Land- 
graf  s  edition. 

H.  W.  AUDEN. 

Edinburgh,  1897. 



§§  1-9.  Circumstances  of  the  Case 

10."  The  Prosecutor  Laterensis 

11-13.    The  Defendant  Plancius  and  his  relations 
with  Cicero     . 

14-17.  Ambitus  and  Sodalicium 

18-22.  Elections  at  Bome 

23-38.  Rhetoric  of  the  Romans 

39-46.  Manuscripts  and  Editions 

Analysis  of  the  Speech 


NOTES  .... 


Critical  Appendix 
Index       .... 









§  1.  In  July  54  B.c.  a  certain  Cn.  Plancius,  aedile- 
elect,  was  prosecuted  by  a  disappointed  competitor,  A. 
Laterensis,  on  a  charge  of  illegal  combination  {de  soda- 
liciis)  during  his  canvass.  He  was  defended  by  his 
friend  Cicero. 

Such  is,  in  briefest  outline,  the  subject  of  the  case 
which  occasioned  the  delivery  of  the  speech  before  us. 
A  recent  scholar^  has  summed  up  the  merits  of  the 
Planciana  in  describing  it  as  '  the  artistic  handling  of  a 
somewhat  ordinary  theme.'  Its  main  interest  lies  in  the 
light  it  sheds  on  the  methods  of  procedure  at  Roman 
elections — methods,  that  is,  both  legal  and  illegal.  Of 
the  personality  of  the  author  we  see  but  little,  but  that 
may  be  said  of  most  of  Cicero's  speeches ;  if  the  Plan- 
ciana  helps  us  in  any  way  towards  understanding  the 
character  of  Cicero,  it  is  that  of  Cicero  as  a  friend  in  his 
relations  with  Plancius.  As  regards  the  historic  back- 
ground,  the  absence  of  which  so  many  recent  writers^ 

1  Dr.  J.  S.  Reid. 

^  e.g.  Dettweiler  in  Baumeister's  Handhuch  der  unterrichts  lehre, 
p.  194. 

X  cicerCs  oration  for  plancius 

have  complained  of  as  the  great  defect  of  Cicero's 
writings  as  a  school-subject,  it  may  be  urged  that  our 
speech  gives  us  a  fairly  vivid  account  of  the  events  of 
the  years  55-54  b,c. — an  epoch  of  considerable  import- 
ance  in  the  history  of  the  Roman  constitution. 

Before  studying  the  speech  it  is  as  well  to  set  clearly 
interest  of  hefore  the  reader  what  points  have  specially 
thespeech.  ^^  j^g  emphasised,  to  enable  him  to  com- 
pletely  master  the  contents  of  the  speech,  so  that  the 
object  of  reading  and  the  interest  to  be  derived  from 
that  reading  may  always  be  kept  in  mind  whilst  it  is  in 

These  points  may  be  taken  as  four,  tabulated  thus  : — 

Historical. — Cicero's  friendship  for 

.     -r,  .    ,  n      ,  Plancius. 

A.  Pomts  necessary  for  K,    ,.       ,      rm  -.  •  .  -n. 

the  interpretation  ]  ^'  ^egal  -The  proceedmgs  at  Roman 
'  elections ;  the  laws  re  ambitus  and 

sodalicia;  the  right  of  public  meet- 
incr  and  combination  at  Rome. 

of  the  speech. 

Special  points  for 
the  study  of  wliich 
this  speech  gives 

Rhetoric  of  the  Ancients,  its  im- 

portance  and  its  methods. 

§  2.   Gircumstances  of  the  case. — To  understand  the 
Causes  of  the  circumstanccs  of  the  case  it  is  necessary  to 

^ofSrnsf  ^evie^  *b®  ^^^^*®  of  *^®  y^^^s  ^^-^^  ^-^- 

56-54  B.c.  During  the  latter  part  of  the  year  56 
Rome  had  been  in  a  state  of  riot  verging  on  anarchy, 
chiefly  owing  to  the  turbulent  and  lawless  behaviour  of 
Clodius,  who,  anxious  to  gain  immunity  for  his  numerous 
crimes,  and  to  ai^enge  himself  on  his  enemy  Milo,  had 


succeeded  in  obtaining  the  aedileship  for  56.  Heuce  it 
happened  that  no  magistrates  for  the  following  year  had 
been  elected ;  an  interrex  ^  was  consequently  appointed, 
under  whose  presidency  the  elections  for  55,  which 
ought  to  have  been  held  in  56,  took  place  in  Theconsuiar 
January  55.  The  city  was  filled  with  bands  eiections. 
of  arraed  men,  whom  Caesar  had  brought  in  to  further, 
by  a  system  of  terrorism,  the  candidature  of  Pompey 
and  Crassus.  In  the  face  of  such  threatened  violence 
several  candidates  withdrew,  and  Domitius  Ahenobarbus 
alone  represented  the  oligarchical  faction  against  the 
party  of  Caesar.  During  the  actual  voting  the  Campus 
Martius  was  a  scene  of  wild  disorder ;  Domitius  was 
maltreated,  a  slave  of  his  was  killed  at  his  side,  and 
even  Cato  was  struck.  The  comitia  for  the  nomination 
of  other  magistrates  could  not  be  held.  In  the  end 
Pompey  and  Crassus  were  elected  consuls,  and  proceeded 
to  support  as  candidates  for  the  minor  ofiices  ^^^3 
their  own  creatures — with  some  success,  as 
is  shown  by  the  fact  that  Cato  himself,  in  his  candida- 
ture  for  the  curule  aedileship,  was  passed  over  in  favour 
of  a  certain  Vatinius.     The  election,  however,  was  not 

^  The  office  of  interrex  was  first  instituted  after  Romulus' 
death,  when  the  people  were  uncertain  whom  to  elect  as  king. 
Under  the  Republic  interreges  were  appointed  to  hold  the  consular 
comitia,  wheu,  owing  to  civil  commotion  or  other  causes,  no 
magistrates  were  present  to  do  so  in  their  year  of  office.  Only 
patricians  coukl  hold  the  office.  There  was  a  succession  of  inter- 
reges,  each  holding  office  for  five  days  ;  the  comitia  were  com- 
monly  held  under  the  direction  of  the  third  or  fourth  interrex. 



carried  without  bloodshed.  Crassus,  with  Pompey'8 
Crassus'Zea;  approval,  then  earried  his  lex  Licinia  de 
desodaiiciis.  sodalicHs  against  illegal  political  combina- 
tions.  This  was  a  stroke  delivered  at  the  Optimates,  who 
had  made  these  clubs  their  strongholds,  and  used  them 
with  marked  success,  for  the  curule  elections  of  57  and 
56  had  been,  for  the  most  part,  adverse  to  the  Pompeian 
party.  In  November  55  ^  Crassus  set  out  for  his  pro- 
vince,  Syria,  leaving  Rome  a  prey  to  the  tumults  and 
factions  which  w«re  beginning  to  concentrate  themselves 
round  the  elections  of  cousuls  for  the  foUowing  year  (54), 
in  which  the  Optimate  party  succeeded  in  procuring 
the  election  of  one  of  their  most  obstinate  and  determined 
adherents,  L.  Dom.  Ahenobarbus,  with  Appius  Cl.  Pulcer 
as  colleague — a  man  of  no  strong  political  convictions, 
whose  chief  feature  was  his  avarice.  But  before  Crassus. 
left  Rome  he  should  have  presided  at  the  comitia  trihuta 
convened  to  elect  the  curule  magistrates,  especially  the 
aediles,  for  54.  Owing,  however,  to  frequent  disturb- 
ances  he  postponed  the  election,^  leaving  Rome  without 
curule  magistrates  for  54.  These  were  elected  in  54, 
probably  not  before  July. 

§  3.  The  candidates  for  the  curule  aedileship  for  54 

Eiectionsfor  "^^^^    ^°-    Plancius,    A.   Plotius,    M.    luv. 

^^^•^-       Laterensis,  and  Q.  Pedius.     At  first  Plan- 

cius  showed  himself  disposed  to  support  Laterensis  as 

colleague ;  but  seeing  that  the  latter,  relying  on  his  high 

birth  and  the  support  of  the  Optimates,  took  very  little 

1  ad  Att  4.  13.  2.  ^  ^^^,  pi  §§  49^  50^  53^  54  " 


trouble  about  his  canvass,  he  abandoned  him  and  effected 
a  coitio — a  coalition  for  mutual  assistance  to  obtain  votes 
— with  Plotius,  with  whom  as  coUeague  in  the  end  he 
was  elected. 

§  4.  Plancius  before  entering  office  was  accused  by 
Laterensis  of  having  illegally  organised  elec- 
tioneermg  clubs,  sodahcia,  and  bribed  several 
tribes  by  their  agency.  The  charge  was  brought  under 
the  lex  Licinia  de  sodaliciis,  which  had  been  carried  by 
Crassus  in  the  previous  year.  Laterensis  was  assisted  by 
Luc,  Cassius  Longinus^  as  junior  counsel  (subscriptor). 
This  Longinus  was  a  friend  of  Cicero — at  any  rate  the 
latter  talks  of  him  as  familiaris.  On  the  side  of  the 
defence  were  Cicero  and  Hortensius. 

§  5.  The  president  of  the  court  {quaesitor,  iudex 
quaestionis),  who  was  probably  chosen  by  The  court. 
the  plaintiff  and  the  defendant,  was  C.  Alfius  "^  president. 
Flavus,  of  w^hom  Cicero  always  speaks  with  great 
respect ;  ^  that  the  litigants  were  allowed  on  occasions 
to  choose  a  presiding  judge  we  know  from  the  provisions 
of  the  lex  Vatinia. 

The  question  of  the  constitution  of  the  court  involves 
the  discussion  of  the  law  under  which  the         j^.g 
case   was  brought,  viz.  the  lex  Licinia  de  constitution. 
sodaliciis.    In  55  Pompey  had  passed  a  lex  iudiciaria,  on 

^  Brother  of  Caesar's  murderer,  trih.  joleh.  44  ;  in  48  we  find 
liim  in  Thessaly  as  one  of  Caesar's  legates  at  the  head  of  the  27th 
legion  of  the  Tirones  and  200  cavalry,  and  in  great  danger  of 
falling  into  the  hands  of  the  Pompeians  (Cic.  Phil.  3  §  23,  Caes. 
B.  a  3.  34,  36).  2  ^^0  Pl.  §  104. 


the  liiies  of  which  followed  his  lex  Licinia  de  sodaliciis 
of  54.  Even  in  the  previous  year  a  senatus  consultum  had 
been  passed  ut  sodalitates  decuriatiqtie  decederent  lexque 
de  eis  fei^retur  ut  qui  non  discesserint  ea  poena  quae  est 
de  vi  tenerentur  ;  but  the  disturbances  coincident  with  the 
election  of  Pompey  and  Crassus  to  the  consulate  prevented 
it  from  being  carried  into  effect.  Crassus  on  entering 
ofl&ce  brought  forward  and  passed  his  own  law  de 
sodaliciis.  The  rigorous  penalties  proposed  by  this  law, 
and  the  partiality  which  it  shows  for  the  accuser  in  these 
cases  of  sodalicium,  prove  clearly  to  what  an  extent  the 
evil  had  grown,  yet  all  legislation  seemed  powerless  to 
stop,  or  even  to  give  a  check  to,  the  practices  at  which 
it  was  aimed.  It  was  the  use  of  these  electioneering 
clubs  (vide  infra  §  16)  of  which  Plancius  was  accused. 
Laterensis  brought  his  charge  under  de  sodaliciis,  although 
probably  the  case  was  really  one  of  amhitus ;  he  was 
induced  to  do  this  by  the  consideration  that  under  de 
sodaliciis  the  penalties  were  more  severe,  and  the  constitu- 
tion  of  the  court  was  more  favourable  to  him  as  accuser. 
§  6.  Under  the  lex  Licinia  the  court  was  composed  of 
iudices  editicii  (i.e.  a  body  of  jurymen  speci- 
ally  appointed),  of  which  body  the  iudices 
editi  were  those  appointed  (editi)  to  give  their  decision 
on  a  particular  case.^  The  accuser  had  the  right  of 
naming  jurymen  of  equestrian  rank,  or  trihuni  aerarii^ 

^  Kopke  jpro  Pl. 

2  Originally  the  tribal  officers  who  coUected  taxes  (aes)  and  dis- 
tributed  pay  to  the  army.  In  70  B.c.  they  were  inade  into  a  distiuct 
order,  and  served  on  juries  together  with  the  senators  and  equites 


from  four  of  the  tribes  in  which  the  crime  of  soda- 
licium  was  supposed  to  have  been  committed.  Of 
these  tribes  the  defendant  could  challenge  and  reject 
only  one — a  fact  which  told  very  considerably  in  favour 
of  the  accuser.  From  the  three  remaining  tribes, 
with  the  addition  of  a  decury  of  the  iudices  of  senatorial 
rank,  a  panel  was  formed  consisting  of  90  to  108  jury- 

Thus  :— 

{equites     .         .     30  or  36  ^ 

I  unlcss 

trihuni  aerarii     30  or  36  }-  ,.         ,.„    , 

senators.        .     30or36j  disquahfied. 

From  each  of  these  bodies  5  or  10  might  be  removed 
by  challenge. 


(equites  .         .         .25 

editi  -j  trihuni  aerarii       .     25 

\senators  .        .     25 


Laterensis,  according  to  the  spirit  of  the  law,  ought 
to  have  named  the  tribes  Terentina  and  Voltinia,  which 
had  shown  themselves  specially  zealous  in  Plancius'  sup- 
port,  and  which  consequently  might  have  been  expected 
to  have  been  influenced  by  the  sodalicia  in  this  case ;  he 
preferred  to  follow  the  letter  of  the  law  rather  than  the 
spirit,  and  named  the  tribes  Lemonia,  Oufentina,  Clustu- 
mina,  and,  with  the  certainty  that  it  would  be  rejected 
by  Plancius,  the  Marcia. 


The  penalty  for  sodalicium  was  probably  the  same  as 
that  for  breaches  of  the  law  de  vi,  that  is  to 
say,  banishment  for  life  and  a  fine  in  propor- 
tion  to  the  extent  of  the  bribery.  CiceTo pro  Pl.  §  79  says 
that  salus,  patria,  fortuna  of  Plancius  were  at  stake. 
The  prosecutor,  if  successful,  could  claim  a  reward,  which 
usually  consisted  of  a  payment  in  money.  This  system 
of  reward  is  not  peculiar  to  the  laws  de  sodaliciis,  but 
was  attached  to  most  of  the  laws  de  amhitu.  If  the 
reward  was  in  money,  just  as  in  the  case  of  the  fine,  its 
amount  was  decided  by  the  litis  aestimatio,  or  assessment 
of  damages,  by  which  in  Roman  law  such  a  penalty  was 
fixed  as  the  jury  thought  was  proportionate  to  the 
magnitude  of  the  crime. 

Thus  Laterensis,  although  the  charges  against 
Plancius  really  came  under  the  head  of 
amhitus,  brought  his  case  under  lex  de 
sodaliciis,  which  pressed  more  severely  on  the  accused 
because — 

(1)  the  court  had  to  be  composed  of  editicii; 

(2)  the  penalties  were  heavier ; 

(3)  the  reward  to  a  successful  prosecutor  was  larger ; 

(4)  the  enactments  were  more  general;  it  was  easier  to 

bring  indefinable  acts  of  corruption  under  soda- 
licium  than  amhitus. 

§  7.  The  trial  lasted  at  least  two  days ;  on  the  first 

The  triai      ^^1  Latcrensis  opened  the  case  for  the  pro- 

itseif.        secution.     Hortensius  replied  for  the  defence, 

confining  himself  for  the  most  part  to  the  questions  of 



law  involved  in  the  case,  after  which  thc  evidence  neces- 
sary  for  proof  was  given.      On  the  second 

/  ,        .  .  /.1  Counsel. 

day  Cassius  (the  suhscriptor  for  the  pro- 
secution)  spoke.  Then  foUowed  Cicero's  speech  for  the 
defence.  Whether  further  proofs  were  put  in  evidence  is 
uncertain,  but  probable.  To  speak  last  {extremo  loco) 
was  considered  the  place  of  honour,  and  was  usually 
accorded  to  Cicero,i  not  only  as  the  leading  barrister  of 
his  day,  but  in  order  that  the  final  summing  up  of  the 
case,  which  was  always  the  most  emotional  part  -  of  an 
actio,  might  be  in  the  hands  of  a  man  to  whom  all  con- 
ceded  the  pre-emineuce  in  moving  pathos. 

The  witnesses  were  : — 

For  Plancius,  C.  Sacerdos  (§§  27,  30),  propraetor  of 
Sicily  before  Verres,  candidate  for  the  con- 
sulship  in  63.     He  had  also  distinguished 
himself  in  Crete  as  legatus  of  Q.  Met.  Creticus. 

L.  Flaccus  (§  27),  who  as  praetor  in  63  had  assisted 
Cicero  in  arresting  the  envoys  of  the  AUobroges,  and  was 
defended  by  him  on  a  charge  of  extortion. 

Envoys  from  Macedonia  (§28). 

The  following  were  present  to  give  moral  assistance  : — 

Cn.  Saturninus  (§§  19,  29),  a  relative  of  Plancius  with 
whom  he  had  been  brought  into  connexion  in  Crete ;  T. 
Torquatus  (§  27),  with  whom  Plancius  served  in  Africa ; 
Q.  Metellus  (§§  27,  28),  Plancius'  superior  officer  in  Crete. 

^  Cf.  Orat.  §  130  etiamsi  plures  dicebamus,  perorationem  mihi 
tamen  omnes  relinquebant ;  Brut.  §  190. 
2  Cf.  infra  8  38. 


§  8.  As  was  usually  the  case  with  Cicero's  speeches, 
Form  of  *^^  foTm  of  the  Planciana  as  we  have  it 
speech.       jjQ^  -g  jjQ^  ^Yi^^  ^f  ^j^g  gpeech  as  delivered. 

Cicero,  at  the  request  of  his  brother  Quintus,  revised  the 
speech  carefully  and  published  it  in  the  auturan  of  54. 
Ep.  ad  Q.  Fr.  3.  1.  11  orationes  efflagitatas  pro  Scauro  et 
pro  Plancio  ahsolvi. 

§  9.  Plancius  was  acquitted.^     His  acquittal,  Kopke 
shows,  was  due  to  a  great  extent  to  Cicero's 

Result.  '  ^ 

efforts,  which  were  concentrated  on  the 
foUowiug  points : — 

a.  That  Laterensis  had  acted  against  the  spirit  of  the 
law  in  making  the  charge  one  of  sodalicium,  not  amhitus. 

/3.  That  Plancius  was  virtually  elected  in  the  comitia 
held  by  Crassus  in  55,  which  were  postponed. 

y.  The  votes  of  Plancius  and  Plotius  obtained  in  the 
same  tribe  could  not  prove  that  bribery  had  taken  place, 
since  both  could  not  have  been  elected  if  both  had  not 
obtained  the  votes  of  the  same  tribe. 

8.  The  prosecution  entirely  failed  to  prove  the  exist- 
ence  of  a  divisor,  or  agent  for  the  distribution  of  bribes.^ 

The  little  that  is  known  of  Plancius'  after-life  is  dealt 
with  in  §  13. 

§  10.  Marcus  luventius  Laterensis,  the  prosecutor,  a 

rrj^e        consistent  supporter  of  the  Optimates,  was  a 

prosecutor.    ^^^^^^  ^^  Tusculum.  By  birth  he  was  plebeian, 

but  nohilis,  since  ancestors  of  his,  both  on  his  father's  and 

^  There  is  a  good  deal  of  difference  of  opinion  atout  this. 
2  pro  Pl.  §§  49,  53,  55. 


raother's  side,  had  held  the  consulship.  The  most  notice- 
able  act  of  his  life,  which  gained  considerable  applause  from 
the  Optimate  party,  was  when  in  59  he  withdrew  from  his 
candidature  for  the  tribuneship  rather  than  take  the  oath 
which  required  all  magistrates  to  support  the  agrarian 
law  brought  forward  by  Caesar.^  As  quaestor  he  gave 
games  at  Praeneste  (§  63),  and  as  proquaestor  at  Cyrene 
in  63  distinguished  himself  by  his  just  and  honourable 
treatment  of  the  puhlicani  and  the  socii.  During  the  year 
59  L.  Vettius,  at  the  instigation  of  P.  Yatinius,  charged 
him  with  complicity  in  a  conspiracy  against  Pompey ;  but 
the  trial  never  took  place,  and  the  attempt  to  damage  his 
character  served  only  to  heighten  his  reputation  as  a 
good  patriot.2  At  the  beginning  of  the  speech  Cicero 
protests  his  reluctance  at  having  to  oppose  one  who  had 
always  supported  him  and  his  views,^  both  in  general  as 
a  zealous  Optimate  and  especially  as  a  warm  advocate  of 
his  recall  from  exile.  Laterensis  seems  to  have  been  an 
upright  and  conscientious  politician,  but  his  extreme 
views  rendered  him  unpopular,  and  embittered  by  the 
success  of  the  democratic  party  he  retired  into  private 
life  for  a  time.  He  reappeared  in  55  as  candidate  for 
the  aedileship  of  54,  but  disdaining  to  resort  to  the 
ordinary  methods  of  making  himself  popular  with  the 
electors,  was  defeated  by  Plancius  and  Plotius.  Of  his 
after-life  we  know  little ;  he  was  praetor  in  51,  and  was 
an  augur  in  45.^     Two  years  later,  in  some  letters  from 

1  pro  Pl.  §  52,  ad  Att.  2.  18.  2.  ^  ^^  ^^^  2.  24.  3. 

3  pro  PL  §§  2,  5,  72,  85.  *  ^^  ^j^^,  12.  17. 


Munatius  Plancus  ^  to  Cicero,  we  find  that  both  Plancus 
and  Laterensis  had  become  lieutenants  in  the  army  of 
Aemilius  Lepidus,  who  was  in  charge  of  Hispania  Citerior 
and  Gallia  Cisalpina.  Lepidus,  in  spite  of  Laterensis' 
remonstrauces,  deserted  the  senatorial  party  and  joined 
Antony  after  the  battle  of  Mutina,  whereupon  Laterensis, 
true  to  his  convictions,  committed  suicide. 

§  11.  During  the  course  of  the  speech  Cicero  very 
The  defendant  frequently  alludes  to  the  great  debt  that 
hisTeMion^  he  owcs  to  Plancius  for  having  protected 
to  Cicero.  jjj^j  during  his  exile ;  in  fact,  the  orator 
considers  that  almost  the  strongest  claim  that  Plancius 
has  on  the  favour  of  the  jury  is  that  he  welcomed 
and  consoled  the  hero  of  the  Catilinarian  conspiracy 
in  his  banishment ;  thus  the  speech  opens  with  egregia 
et  singularis  Cn.  Plancii  in  mea  salute  custodienda 
jides  §  1.  So  §  98  quid  debeam  Plancio^  §  68  n^que 
ego  nunc  Plancio  desinam  dehe7'e ;  similarly  §§  71,  25, 
95,  where  he  rebuts  the  statement  of  his  opponents 
that  he  has  trumped  up  this  great  thankfulness  to 
Plancius  in  order  to  appeal  more  movingly  to  his  hearers. 
The  frequent  recurrence  in  the  speech  of  the  question  of 
Cicero's  debt  to  Plancius  makes  a  closer  investigation 
almost  imperative.  How  far  is  Cicero  genuine  in  his 
expressions  of  thanks?  Did  Plancius  really  deserve  so 
well  of  him  ?  Or  is  it  a  mere  rhetorical  device  of  the 
speaker  to  recall  to  the  minds  of  his  audience  the  year 
of  peril  63  b.c,  when  their  lives  and  property  had  been 

1  adFam.  10.  11.  3,  10.  15.  2. 


saved  only  by  tlie  strenuous  action  of  the  consul  Cicero  ? 
— for  whether  the  execution  of  the  Catilinarians  was  a 
mere  matter  of  acquiescence,  as  Mommsen  ^  holds,  or  not, 
it  is  certain  that  in  the  eyes  of  the  populace  of  Rome  it 
was  regarded  as  both  strenuous  and  salutary.  Does 
Cicero  wish  to  make  capital  out  of  this  on  behalf  of 
his  client,  and  by  reviving  his  own  popularity  hope  to 
aid  Plancius  by  the  reflected  glory^  Cicero  certainly, 
subsequently  to  63  b.c,  hardly  ever  made  a  speech 
without  alluding  in  some  way  to  his  consulship  or  his 
exile;  and  in  a  letter  to  Atticus  (2.  22.  3)  he  shows  a 
consciousness  that  in  his  actions  of  63  lies  his  chief  claim 
to  popularity,  by  quoting  as  one  of  the  most  important 
signs  of  his  improved  political  position  the  fact  that  the 
memory  of  his  consulship  has  been  revived. 

§  12.    The    facts    of    Cicero's    exile,    during    which 
Plancius  was  enabled  to  put  Cicero  under 

Cicero's  exile. 

so  great  obligations,  are  briefly  these.  In 
the  year  59  b.c.  the  so-called  triumvirate  of  Caesar, 
Pompey,  and  Crassus  having  obtained  the  consulship 
for  two  of  their  adherents,  Gabinius  and  Piso,  and 
at  the  same  time  having  elected  Clodius  tribune, 
proceeded  to  take  such  measures  as  should  strengthen 
their  own  power.  Caesar,  always  the  leading  spirit  of 
the  three,  decided  that  the  opposition  of  Cicero  to  the 
triumvirate  must  be  put  a  stop  to  by  some  means  or 
other.  In  this  he  was  strongly  opposed  by  Pompey.  At 
first  Caesar  tried  a  policy  of  kindness  to  win  over  to  his 

1  R.  H.  iv.  609. 


side  a  man  whom  he  saw  might  be  a  formidable  enemy 
but  a  useful  friend,  and  two  offices  of  considerable 
importance  were  successively  offered  to  Cicero,  either  to 
be  one  of  the  select  committee  for  carrying  out  Caesar's 
agrarian  law,  or  else  the  position  of  Caesar's  legatus  in 
Gaul.  Both  these  offers  Cicero  declined.  Caesar, 
although  anxious  not  to  pain  Cicero  more  than  was 
necessary,  decided  to  use  force  to  attain  his  object,  and 
employed  Clodius,  tribune  for  the  year,  as  his  agent  for 
the  removal  of  Cicero.  Clodius  undertook  the  task 
gladly,  for  Cicero  was  not  only  a  political  but  a  personal 
enemy  of  his ;  he  proceeded  to  point  out  the  illegality  of 
the  execution  of  the  Catilinarian  conspirators,  and  by  re- 
organising  the  collegia  compitaliciaj  street-clubs  or  gangs 
of  roughs,  he  gained  supremacy  of  the  streets,  succeeded 
in  overawing  the  senate,  openly  boasting  that  he  had  at 
his  back  (as  was  true)  the  triumviri  and  Caesar's  army.^ 
Pompey,2  in  spite  of  his  promises  that  Clodius  should 
have  to  pass  over  his  dead  body  before  he  harmed  Cicero,^ 
deserted  him ;  Crassus,  who  had  never  been  his  friend, 
refused  to  bestir  himself  The  violence,  disorder,  and 
terrorism  in  Rome  grew  to  such  a  pitch  that  although 
Cicero  had  on  his  side  the  senate,  the  equites,  and  nearly 
the  whole  country  population  of  Italy,  it  was  felt  by  his 
supporters  to  be  useless  to  attempt  to  marshal  and  collect 
these  forces  in  time  to  oppose  the  well-organised  gangs 
of  Clodius  * ;  Cicero  finally  yielded  to  his  friends'  advice 

1  pro  Sest.  17.  '^  ad  Att.  2.  20.  2. 

3  Cf.  ad  Att.  2.  22.  2. 

^  Cf.  Strachan-Davidson  Gicero  p.  233, 


and,  although  Clodius  had  not  yet  brought  up  his 
bill,  retired  from  the  city.  This  was  probably  on  25th 
March  58  b.c.  On  the  8th  of  April  he  was  at  Vibo 
stopping  with  his  friend  Sicca ;  anxious  to  go  to  Sicily,  he 
was  warned  by  Vergilius  ^  the  praetor  that  he  was  not 
to  set  foot  on  the  island.  Cicero  consequently  changed 
his  route  and  turned  back  to  Brundisium,  intending  to 
pass  over  to  Greece.  Hesitating  to  stay  long  with  any 
one  for  fear  of  bringing  trouble  on  his  benefactors, 
he  refused  to  enter  Brundisium  in  spite  of  the  zeal  of  the 
citizens  on  his  behalf,^  and  stayed  in  Flaccus'  villa  outside 
the  town  till  30th  April,  when  he  embarked  for  Dyrrha- 
chium.  When  he  arrived  there  he  found  his  worst  fears 
confirmed,  that  Achaea  and  most  of  Greece  were  infested 
by  roving  bands  of  Catilinarians.^  He  consequently 
turned  to  Macedonia,  hoping  to  escape  before  they  were 
informed  of  his  arrival.  Here  Plancius,  who  was  quaestor, 
no  sooner  heard  of  his  landing  than  he  came  himself  to 
Dyrrhachium  to  find  him.  Laying  aside  all  the  pomp  of 
magistracy,  he  conducted  him  with  all  the  attention  of  a 
private  friend  to  his  headquarters  at  Thessalonica  about 
the  21st  of  May.*  The  propraetor  of  the  province  at  the 
time  was  L.  Appuleius,  a  friend  of  Cicero's ;  he  did  not 
venture,  however,  in  his  official  position  to  welcome  Cicero, 
but  contented  himself  with  allowing  the  action  of  his 
quaestor  Plancius  to  pass  unchallenged.^  With  Plancius 
Cicero  stayed  till  the  25th  of  November  in  utter  dejection, 

1  ^o  ri.  §  96.  2  ib,  §§  97^  98. 

3  ib.  §  97,  red.  in  Sen.  14,  ad  Att.  3.  7.  1. 

4  Melraoth  lAfe  p.  98.  ^  pro  Pl.  §  97. 


frightened  at  the  military  retinue  of  his  host,  so  shy  of 
publicity  that  he  says  he  could  not  endure  the  light  of 
day.i.  His  letters  during  the  year  are  full  of  unmanly 
complaints,2  base  suspicions  of  his  best  friends,^  self- 
reproach  for  the  course  he  had  adopted,  and  often  blind 
despair.  Plancius  was  to  be  succeeded  in  the  quaestor- 
ship  by  Piso  the  consul,  an  enemy  of  Cicero ;  he  started 
for  his  province  about  the  end  of  November,^  having 
been  preceded  by  his  troops,  whose  arrival  at  Thessalonica 
caused  Cicero  to  move  to  Dyrrhachium.  Plancius  had 
hoped  that  Cicero  would  be  recalled  in  time  to  go  with 
him  to  Rome  on  the  expiration  of  his  quaestorship ;  ^  this, 
however,  was  impossible,  as  the  decree  for  Cicero's  recall 
was  not  passed  till  4th  August  57,  on  which  day  Cicero 
left  Dyrrhachium  for  Rome.  Many  abortive  attempts, 
bowever,  at  his  restoration  had  been  made.  As  early  as 
June  58  L.  Ninnius  Quadratus  proposed  his  recall,  but 
although  the  proposal  was  approved  unanimously  by  the 
senate,  a  tribune,  Aelius  Ligus,  placed  his  veto  on  it.*^ 
On  29th  October  eight  of  the  tribunes  proposed  a  bill  for 
Cicero's  recall,  which  was  supported  by  the  consul-elect 
of  the  next  year,  P.  C.  Lentulus  Spinther.  On  the  Ist 
of  January  he  proposed  Cicero's  recall,  and  was  supported 
by  Pompey;  various  technical  difficulties  were  raised, 
and  it  was  only  on  23rd  January  that  the  bill  was  again 
discussed.  A  riot  ensued,  caused  chiefly  by  Clodius'  armed 
rabble,  with  the  result  that  Sestius  ^'  and  Qu.  Cicero  were 

1  ad  Att.  3.  7.  2  ad  Fam.  14.  1,  2. 

^  ad  Att.  3.  9.  2.  *  pro  Sest.  33.  71. 

5  ad  Fam.  14.  1.  «  pro  Sest.  31.  68.  ^  ib.  35, 


both  wounded.  Several  months  passed,  during  which 
nothing  ofRcial  was  done  at  Rome  on  Cicero's  behalf. 
Subsequently  the  senate  passed  various  decrees  in  Cicero's 
favour,  but  their  purport  and  their  date  are  uncertain ; 
one  is  mentioned  in  this  speech,i  a  vote  of  thanks  to  the 
allies  and  Cn.  Plancius  for  protecting  Cicero,  and  recom- 
mending  him  to  the  care  of  foreign  priuces  ^  and  provincial 
governors.  Finally,  in  consequence  of  the  decree  (lex 
Cornelia  de  restituendo  Cicerone)  which  passed  the 
comitia  on  4th  August,^  Cicero  left  Dyrrhachium,  and 
on  the  next  day  arrived  at  Brundisium. 

§  13.  Such  then  is  the  part  which  Plancius  played  in 
the  eighteen  months  of  Cicero's  exile ;  other  facts  about 
him  we  gather  chiefly  from  the  pro  Plancio  and  from 
Cicero's  letters.  He  was  of  equestrian  rank,*  a  native  of 
the  praefectura  Atina  in  the  neighbourhood  of  Arpinum, 
and  had  considerable  influence  in  Rome,  especially 
through  the  agency  of  his  father,  a  man  piandus' 
of  strong  and  independent  character  whom  father. 
Cicero  calls  nimium  retinens  equestris  iuris  et  libertatis.^ 
As  manager,  and  possibly  founder  of  several  of  the 
tax-farming  companies,  princeps  puhlicanorum,  maxi- 
marum  societatum  auctor,  plurimarum  magister,^  he 
greatly  furthered  his  son's  election.  He  had  distin- 
guished  himself  in  61  by  the  insistency  with  which 
he  demanded  for  a  company  of  tax-farmers  (publicani) 

1  pro  Pl.  §  78.  2  ^j.f)  ggsf^  go.  128. 

3  ad  Att.  4.  1.  4,  Or.  in  Pison.  §  35,  pro  Sest.  63. 

4  pro  Pl.  §§  17,  32.  5  ib.  §  55.  6  i^,  §§  24,  32. 


an  abatement  of  the  price  they  had  paid  for  the  taxes 
of  Asia.  This  abatement  the  senate,  with  Cato  at 
their  head,  refused  to  give,  but  finally  C.  Julius  Caesar 
brought  the  matter  before  the  people  and  obtained  a 
remission  of  one-third  of  the  amount  ofFered.^ 

Cn.  Plancius,  the  son,  as  a  young  man  served  in 
pianciusand  ^frica  under  the  propraetor  A.  Torquatus, 
cicero.  ^^^j  ^^j^  years  subsequently,  in  68,  accom- 
panied  Q.  Metellus  when  he  went  as  proconsul  to 
Crete.  In  62  he  was  military  tribune  in  the  army 
of  Antony,  who  was  then  proconsul  of  Macedonia, 
and  it  was  there  that  he  informed  Cicero  of  the  ex- 
tortions  which  the  proconsul  practised  in  Cicero's 
name.2  In  58  he  was  in  the  same  province  (Macedonia) 
as  quaestor,  under  Appuleius  as  propraetor,  with  head- 
quarters  at  Thessalonica,  where  from  May  till  November 
he  entertained  the  exiled  Cicero.  On  the  expiration  of 
his  term  of  office,  i.e.  about  December  58,  he  returned  to 
Rome  to  become  a  candidate  for  the  plebeian  tribunate  of 
56,  to  which  he  was  elected  in  57.^  During  his  term  of 
oflBce  he  showed  himself  a  vigorous  opponent  of  Clodius 
and  an  ardent  supporter  of  the  Optimate  party.  In  55 
he  was  candidate  for  the  curule  aedileship  of  the  year  54 ; 
owing  to  the  disturbed  state  of  Rome  the  elections  were 
put  off  till  54.*  He  was  elected  aedile,  with  A.  Plotius 
as  coUeague,  but  not  until  six  months  of  what  should 
have  been  their  term  of  office  had  expired.     Brought  to 

1  pro  Pl.  §  35.  2  c^  j^ii^  i^  12. 

3  pro  Pl.  §§  26,  28,  60,  77.  ^  vide  supra  §  2. 


trial  by  Laterensis  for  illegal  practices  in  conducting  his 
canvass,  he  was  acqiiitted,!  and  not  long  after,  when 
civil  war  broke  out,  he  cast  in  his  lot  with  Pompey,  and 
in  46  was  in  exile  in  Corcyra,  to  which  place  Cicero 
wrote  him  letters  of  condolence^  commiserating  his 
misfortunes  and  those  of  the  Republic.  Several  scholars 
state  that  there  was  a  marked  coolness  between  Plancius 
and  Cicero  after  the  latter's  recall.  Thus  Melmoth^ 
states  that  '  although  Plancius  had  received  the  tribunate 
as  a  reward  for  befriending  Cicero,  yet  he  studiously 
slighted  Cicero.'  J.  H.  Newman,^  too,  talks  of  Cicero  as 
'  good-natured  to  remember  the  services  rather  than  the 
cold  neglect  of  Plancius,'  but  in  the  pro  Plancio  at  least 
we  have  no  evidence  for  this.  If  it  be  true,  then  many 
of  Cicero's  expressions  of  affection  in  the  pro  Plancio 
are  forced  and  unreal ;  but  apart  from  this,  it  is  hard  to 
believe  that  there  was  nothing  in  the  charges  of  his 
detractors,  which  he  is  at  such  pains  to  rebut,  that  a 
great  part  of  his  zeal  for  Plancius  was  exaggerated  and 
fictitious.  Cicero  was  a  friend  of  both  litigants,  for 
Laterensis  had  shown  great  sympathy  for  him  in  exile, 
and  had  taken  part  in  the  movements  for  his  recall.^  In 
general,  too,  the  genuineness  of  Cicero's  friendships 
may  with  reason  be  doubted;  his  disposition  was  too 
self-centred,  too  uncertain  and  changeable,  to  ever  be 
really  attractive.      Even   of  his   letters  to  Atticus  his 

^  vide  supra  §  9, 

2  ad  Fam.  4.  15,  16  ;  cf.  6.  20,  16.  9  ;  ad  Att.  1.  12. 

3  Li/e  p.  140.  4   '  Cicero '  JSncycl.  Metro.  214. 

5  Or.  in  Vatin.  §  26,  ad  Att.  2.  24.  3. 


devoted  admirer  Boissieri  can  say  'quoiqu'il  s'adresse 
au  fidhle  Atticus  on  croit  entendre  un  ^cho  des  harangues 
solennelles  qu'il  vient  de  prononcer  au  sdnat  et  devant  le 
peuple ' ;  whiist  Mommsen  talks  of  a  lack  of  conviction, 
a  lack  of  passion,  a  thinly  varnished  superficiality  and 
heartlessness,  which  could  not  but  be  incompatible  with 
genuine  friendship  and  truth  of  intercourse.^ 

Amhitus  and  its  restrictions 

§  14.  The  moral  decline  of  Eome  may  be  dated  as 
Corruption    commeucing  about  the  years  180-150  b.c. 

atRome.  rpj^g  immcnse  increase  of  wealth,  the  in- 
fluence  of  the  Asiatic  army  with  its  eastern  luxury,  un- 
known  to  Italy  before,  were  causing  Rome  to  acquire  new 
and  more  refined  vices  without  taking  away  the  grossness 
which  was  already  there.  All  grades  of  society  were 
corrupt  and  demoralised,  both  in  public  and  private  life ; 
the  extent  of  the  corruption  in  public  life  is  borne  witness 
to  by  the  fact  that  within  fifteen  years  no  less  than  seven 
laws  were  passed  to  check  corrupt  practices  at  elections. 
The  young  nobles  were  crowding  to  take  up  a  political 
career,  not  from  any  patriotic  motives,  but  to  recoup  their 
shattered  fortunes  by  gaining  such  office  as  would  give 
them  a  province  to  plunder.^  Nor  had  the  provinces 
much  chance  of  redress  :  provinciae  populatae  vexatae 
funditus  eversae   socii   stipendiariique  populi   Romani 

^  Gaston  Boissier  Ciceron  et  ses  Amis  p.  14. 

2  Mommsen  R.  H.  iv.  609. 

'  in  Pis.  6.  12  Gabinius  is  a  ruined  man  unless  he  gets  a  province. 


adflicti  miseri  iam  non  salutis  opem  sed  solacium 
exitii  quaerehant}  Their  only  hope  was  to  bring  their 
extortionate  governor  to  trial  after  his  term  of  oflace  was 
finished,  but  even  then  he  had  usually  made  enough 
money  from  the  province  to  bribe  the  judges  and  thus 
ensure  his  acquittal.  As  Verres  openly  admitted,  he 
wished  to  divide  his  plunder  into  three  parts,  one  for 
himself,  another  for  his  advocates  who  should  defend  him 
in  his  trial  for  extortion,  the  third  for  the  jury  to  procure 
his  acquittal.  To  gain  a  province,  then,  a  noble  must 
be  elected  to  one  of  the  higher  offices;  to  obtain  that 
election  any  method  was  good  if  it  succeeded.  Now 
began  the  era  of  pitiful  flattery,  when  Roman  magistrates 
no  longer  ventured  to  demand  of  citizens  that  they  should 
give  their  property,  or  if  necessary  their  lives,  for  the  good 
of  Rome,  when  young  nobles  were  willing  to  cringe  to 
every  ragged  idler  in  the  street  and  gain  votes  by  begging 
or  by  buying.2  Cicero  in  one  of  his  letters  says  that  in 
the  year  54  the  rate  of  interest  rose  from  4  to  8 
per  cent  owing  to  the  great  demand  for  money  to  be 
spent  in  bribes.  amhitus  redit  immanis,  nunquam  fuit 
par.  Idihus  Quintil.  fenus  fuit  hessihus  ex  triente  {ad 
Q.  Fr.  2.  14.  4).  We  are  told,  too,  that  £100,000  was 
promised  for  the  vote  of  the  centuria  praerogativa. 

§  15.  As  mentioned  above,  legislation  was  frequently 
resorted  to  to  repress  the  growing  corruption,    Meaning  of 
to  check  amhitus  or  corrupt  practices;    for      «™^^<ws- 
amhitus  had  now  this  meaning,  though  originally  it  meant 

^  Div.  in  Caec.  §  7.  ^  cf.  Mommsen  R.  H.  i.  75  E.T. 


nbthing  more  than  canvassing;  but  canvassing  and  bribery 
were  now  synonymous.  The  best  English  term  for 
amhitus  is  *corrupt  practices';  but  the  troublesome 
question  is  always  present,  when  did  the  Romans  use  the 
term  ambitus  as  meaning  legal,  when  illegal,  practicesl 
Cicero  himself  cannot  say  exactly.  He  seems  to  talk  of 
henignitas  as  legal,  being  opposed  to  amhitus  illegal,  and 
liheralitas  similarly  as  opposed  to  largitiones.  This 
much  is  certain,  the  elections  were  always  more  or  less 
corrupt ;  but  the  methods  of  corruption  were  many  and 
varied.  The  laws  singled  out  now  one  point,  now  another, 
to  stigmatise  as  illegal,  so  that  a  clear  idea  of  the  various 
crimes  which  were  considered  punishable  as  amhitus  can 
be  gathered  only  from  the  different  enactments  of  the 
leges  de  amhitu  and  leges  de  sodaliciis.  The  latter  laws 
were  directed  against  a  special  branch  of  corrupt  practices, 
which  gradually  became  so  well  defined  and  so  important 
that  amhitus  was  thus  divided — 

y.,,  ,         ^-      s  f  larqitio  (bribery  in  ffeneral). 

amM^MS  (corrupt  practices) -^      f  ■,■  .    >-ii      i        i-     i.-       x 
^    ^  t  soc^aZicia  (illegal  combmations). 

§  16.  Largitio  was  regulated  by  special  agents, 
sometimes  men  of  position,  who  trafBcked,  so  to  speak, 
in  public  oflSces,  and  knowing  as  they  did  the  particular 
needs  of  thi*  and  that  tribe,  possessing  too  sometimes  a 
far-reaching  influence,  hired  themselves  out  to  the  highest 
bidder  among  the  candidates,  who  was  thus  rendered 
secure  from  any  personal  accusation  of  bribery.  The 
first  thing  then  that  a  candidate  did  was  to  obtain  large 
sums  of  money,  often  at  a  huge  rate  of  interest.     This 


he  usually  placed  with  trustees  (sequestres) ;  the  agents 
(interpretes)  made  all  arrangements  for  the  obtaining  of 
votes,  agreed  upon  the  price,  and  promised  the  money 
{pronuntiahant  pecuniam).  Finally,  when  the  election 
was  over,  another  set  of  agents,  the  divisores,  distributed 
the  money ;  one  of  the  reasons  that  the  money  was  not 
paid  at  once,  but  was  left  with  the  sequestres,  was  that 
very  high  prices  were  paid  for  the  votes  of  the  centuria 
or  trihus  praerogativa,^  whose  vote  usually  was  followed 
by  the  other  electors  ;  and  as  the  privilege  of  voting 
first  was  determined  by  lot  at  the  commencement  of 
the  poll,  nothing  could  be  decided  till  the  election  was 
over.  It  is  possible  that  the  divisores  ^  were  a  regularly 
constituted  body  established  for  the  distribution  of  corn 
and  other  legal  largess,  but  who  naturally  used  their 
position  and  experience  to  further  the  aims  of  unscrupu- 
lous  candidates. 

The  restrictions  which  the  laws  placed  on  largitio 
afiected  three  points — 

(1)  Direct  bribery  {largitio)  by  a  candidate  was  forbidden. 

(2)  The  number  of  followers  (sectatores)  was  limited. 

(3)  The  expenses  of  games  were  curtailed. 

Thus  the  legal  aspect  of  largitio  was — 

r  largitio  direct,  not  by  means  of  clubs. 

l^rgitio   ifjf''' 

amhitusl    general    1         ' 

I  \sectatores 

\   sodalicium. 

^  Cf.  supra  §  14.  ^  Qentile  Elezioni  Romane  p.  246. 


The  question  of  what  was  meant  by  the  crime  of 
sodalicium  (illegal  combination)  and  what  were  the 
collegia  sodalicia  is  much  more  complicated.  The 
sodalicia,  against  which  the  lex  Licinia  de  sodaliciis 
was  directed,  were  associations  of  a  purely  political 
character — electioneering  clubs  organised  with  the  express 
object  of  obtaining  votes  by  bribery,  intimidation,  or 
otherwise,  and  for  the  mutual  defence  and  support  of 
members  who  might  be  impeached  for  such  practices. 
The  law  considered  that  a  man  was  guilty  of  sodalicium 
if  any  of  the  following  charges  could  be  proved  against 
him : — 

(1)  conscriptio  trihulium,  that  he  had  joiued  an  electioneering 
club  and  enrolled  members  in  it  {conscrihere). 

(2)  decuriatio  trihulium,  that  he  had  divided  the  members 
of  a  tribe  into  divisions,  to  facilitate  unity  of  action  in  in- 
fluencing  the  election. 

(3)  prommtiatio  pecuniae,  that  he  had  promised  them  monej'-, 
which  he  had  deposited  with  sequestres  (trust-agents). 

(4)  discriptio  populi,  that  he  had  divided  other  tribes  into 

(5)  divisio  pecuniae,  that  he  had  actually  paid  money  to 




sodalicium  - 

f  largitio  direct. 
-|  ludi. 
l  sectatores. 

conscriptio  trihidium. 


p7'onuntiatio  pecuniae. 

discriptio  populi. 

divisio  pecuniae. 


§  1 7.  Wherein  then  did  the  crime  of  sodalicium  differ 
from  ambitus  ? 

The  distinction  between  the  two  can  be  arrived  at 
only  by  looking  at  the  question  legally,  and  considering 
the  different  enactments  made  for  their  repression.  This 
much  seems  clear  :  several  laws  were  passed  to  check  the 
growing  corruption  at  elections — these  were  the  leges 
de  ambitu ;  they  were  for  the  most  part  unavailing. 
Legislation  was  then  directed  against  a  new  and  growing 
method  of  corruption,  the  electioneering  clubs — these 
were  the  leges  de  sodaliciis ;  but — a  not  uncommon 
phenomenon  in  Roman  legislation — the  two  sets  of  laws 
traversed  the  same  ground.  The  laws  de  sodaliciis  were 
more  fully  developed  and  elaborate  enactments,  which 
attempted  by  a  process  of  narrowing  down  to  fasten 
on  the  more  minute  details  of  corrupt  electioneering. 
But  there  is  no  doubt  that  the  term  ambitus  is  often 
used  very  loosely.  The  points  in  which  the  leges  de 
sodaliciis  differed  from  those  de  ambitu  may  be  roughly 
tabulated : — 

(1)  They  were  directed  especially  at  corrupt  practices  carried 
on  by  means  of  sodalicia. 

(2)  The  court  before  which  the  cases  came  had  to  be  composed 
of  iudices  editicii,  a  fact  which  worked  considerably  in  favour 
of  the  prosecutor  ;  vide  supra  §  6. 

(3)  The  penalties  were  greater. 

(4)  The  reward  offered  to  a  successful  prosecutor  was  probably 

(5)  Any  citizen  might  be  tried  by  them — not  merely  a  suc- 
cessful  candidate,  but  any  one,  whether  in  or  out  of  office, 
who  was  supposed  to  have  made  use  of  the  sodalicia. 


(6)  The  procedure  they  prescribed  was  in  general  more  strict ; 
e.g.  although  a  person  was  absent  on  state  service  he  was 
compelled  to  attend  the  case. 

The  foUowing  are  the  chief  laws  passed  to  check 
corrupt  practices  at  Kome  : — 


432.  Lex  Pinaria,  trihunicia.      ne  cui  album  in  vestimentum 

addere  petitionis  liceret  causa. 
358.  Lex  Paetelia.    Canvassing  to  be  allowed  only  in  the  Forum 

and  Campus  Martius,  and  not  on  market  days  or  at 

country  gatherings. 
181.  Lex  Cornelia  Baebia  probably  made  the  penalties  heavier. 
159.  Lex  (?)  Cornelia  Fulvia.     Those  convicted  of  amhitus  de- 

barred  from  candidature  for  ten  years. 
67.  Lex  Acilia  Caljpurnia  inflicted  heavier  fines  on  all  con- 

cerned  in  amhitus  ;  suppressed  treating  of  electors. 
QQ.  Lex  Fabia,  limiting  the  number  of  sectatores. 
63.  Lex  Tullia  (Cicero)  adds  penalties  to  the  lex  Caljmmia, 

and  prohibits  the  giving  of  public  shows  by  a  candidate 

two  years  before  his  offering  himself  for  election. 
55.  Lex  Licinia  de  sodaliciis  ;  vide  Introd.  §  6. 
52.  Lex  Pompeia  de  amhitu,  directed  against  electioneering 

clubs,    on   the   formation   of  which  it  imposed    more 

stringent  penalties. 
18.  Lex  Julia  fixes  penalty  as  five  years'  banishment,  with 

fine  of  100,000  sesterces. 

§  18.    Eledions  at  Rome. — The  electoral   body  at 
Rome    during   the   period    of   the    highest 
development    of    political    life    there    was 
constituted  as  follows  ^ : — 

(1)  Those  citizens  more  than  17  years  old  who  were 
free  by  birth  and  who  possessed  sufficient  property  to  be 

1  Zumpt  CriminaZ-prozess  p.  528. 


inscribed  in  one  of  the  five  classes  wliich  were  said  to 
have  been  instituted  by  Servius.i 

(2)  Capite  censi,  or  proleiarii,  those  whose  property 
did  not  entitle  them  to  a  place  in  any  of  the  five  classes. 
Their  vote  was  of  little  value :  e.g.  in  the  comitia 
centuriata  the  proletarii  formed  one  century,  whilst  the 
other  five  classes  made  up  192. 

(3)  Freedmen  {liberti)  who,  though  they  and  their 
descendants  (lihertini)  voted,  yet  did  not  really  possess  the 
ius  honorum.  They  were  compelled  to  vote  in  the  four 
city  tribes  where  their  influence  could  make  itself  least  felt. 

(4)  Outside  the  electoral  body  there  still  remained  the 
cives  sine  suffragio,  or  aerarii,^  so  called  because  they 
paid  aes  or  poll-tax  fixed  not  by  the  ordinary  rules  of  the 
census,  but  according  to  the  personal  caprice  of  the 
censors.      They  were   citizens  who  had  suflfered  either 

1  Gow 

Companion  p.  199. 


Census  in  asses. 




1  Equites          .         .         18 
iPedites          .         .         80 



Pedites  and  Fahri .         22 



Pedites           .         .         20 



Pedites  and  Cornicines  22 



Pedites           .         .         30 



Pedites           .         .           1 


2  Sometimes  called  municipes,  because  several  municipia  were 
sine  suffragio,  or  Caerites,  because  this  civitas  sine  suffragio  was 
first  granted  to  the  town  of  Caere,  in  return  for  its  assistance  in 
the  Gallic  war  353  b.c.  Cf.  Hor.  Epist.  1.  6.  62  Caerite  cera  [i.e. 
tabula']  digni. 


infamia  or  ignominia  ^  and  consequently  lost  their  votes, 
but  in  the  case  of  ignominia  they  might  regain  their  votes. 

§  19.  Comitia. — The  comitia,  or  meetings  of  the 
electoral  bodies,  were  of  two  sorts  ^ — comitia  centwiata 
and  comitia  trihuta. 

(I)  The  comitia  centuriata,  or  meetings  by  centuries, 

Crnnitia  '^^^^  iustituted  by  Servius  Tullius,  and  must 
centuHata.  opigjnally  havc  been  of  a  purely  military 
nature,  with  divisions  according  to  property;  this  military 
and  timocratic  character  persisted  for  some  time,  but  by 
degrees  disappeared  and  was  merged  in  the  democratic 
tendencies  of  a  later  age.^ 

The  function  of  the  comitia  centuriata  was  to  elect  the 
more  important  magistrates,  consuls,  praetors,  and  censors 
— hence  the  terms  comitia  consularia,  praetoria,  censoria. 

^  infamia  —  loss  of  civil  rights  for  life,  a  punisliment  for  crime  ; 
ignominia  =  censnTe  of  the  censors,  nota  censoria,  loss  of  rights 
probably  for  a  liistrum,  or  five  years. 

2  The  comitia  curiata,  a  purely  patrician  assembly,  met  only  to 
perform  such  formalities  as  conferring  imperium  on  a  king,  or 
deciding  questions  of  peace  or  war,  and  canuot  be  regarded  as  a 
genuine  assembly  of  the  Roman  people. 

^  This  change  is  usually  supposed  to  have  taken  place  about 
260  B.C.  ;  at  any  rate  the  comitia  were  reconstituted  on  a  fairer 
basis.  The  thirty-five  tribes  were  divided  into  five  classes,  and  each 
class  into  two  centuries,  one  of  iuniores,  the  other  of  senioi'es ; 
eighteen  centuries  of  knights  were  added,  and  five  of  fabri,  prole- 
tarii,  and  cornicines.  All  classes  had  an  equal  number  of  centuries, 
and  calculating  the  votes  by  centuries  it  follows  that  every  class 
had  an  equal  number  of  votes — a  marked  contrast  to  the  procedure 
instituted  by  Servius  Tullius.  The  undue  influence  of  the  wealthy 
classes  was  thiis  miniraised.  Cf.  Bonino^o  Pl.  Introd.  xi.,  Livy 
1.  43,  24.  7,  26.  22,  27.  6. 


Tlie  convener  of  comitia  centuriata  must  necessarily  have 
imperium  (i.e,  be  consul,  praetor,  dictator),  it  being 
technically  a  military  assembly ;  it  is  sometimes  even 
called  exercitus,  and  its  meetings  had  to  'take  place 
outside  the  city,  most  usually  in  the  Campus  Martius. 

(2)  The  comitia  trihuta,  or  assembly  of  the  tribes,i  was 
a  product  of  the  gradually  increasing  demo- 

.  .        ,  Comitiatributa. 

cratic  tendencies  of  the  Roman  constitution, 
and  represented  at  first  merely  informal  meetings  held  by 
tribunes.  By  degrees,  however,  the  comitia  trihuta  was 
systematised,  and  became  the  regular  assembly  for  electing 
tbe  minor  magistrates,  tribunes,  aediles,  quaestors  (hence 
comitia  trihunicia,- aedilicia,  quaestoria),  and  all  officers 
whose  duty  it  was  to  superintend  the  various  branches 
of  public  administration,  finance,  justice,  public  security, 
etc. ;  thus  the  people  assembled  in  comitia  trihuta  elected 
the  trihuni  legionum,  the  curatores  navium.'^  The 
meetings  of  this  assembly  were  usually  held  in  the 

§  20.  The  comitia  for  the  election  of  magistrates,  un- 
less  prevented  by  unforeseen  circumstances,  procedureat 
were   held  in    July  or  August,   on   a  day     ^^^^^^^^^- 

^  We  must  keep  entirely  distinct  from  tlie  comitia  trihuta  the 
assemblies  of  tlie  tribes  under  the  presidency  of  tlie  plebeian 
magistrates  (tribunes  and  plebeian  aediles),  i.e.  the  concilium  plehis, 
which  was  not  an  assembly  of  the  whole  people,  as  it  was  convened 
by  magistrates  who  could  not  summon  patricians.  Its  resolutions 
were  not,  strictly  speaking,  leges,  but  on\y  plebi  scita.  Smith  Dict. 
Ant.  i.  510  ;  cf.  Mommsen  RiJm.  Forsch.  1.  195. 

'^  Gentile  le  Elezioni  p.  95. 


which  was  not  nefastus,'^  nor  a  feast  day,  nor  a  day  for 
which  a  iustitium  had  been  proclaimed — that  is,  cessation 
of  all  business,  legal  and  otherwise.  They  began  at  sunrise 
and  continued  to  sunset,  the  proceedings  being  always 
opened  with  prayer.  The  presiding  magistrate  of  the 
comitia  centuriata,  and  also  the  comitia  tributa,  at  the 
election  of  curule  magistrates^  was  a  consul,  or  more 
rarely  the  praetor  urhanus,  who  at  the  election  occupied 
the  Rostra  (i.e.  if  the  election  was  in  the  Forum,  viz.  a 
meeting  of  the  comitia  trihuta)  and  directed  proceedings. 
As  stated  above,  the  elections  took  place  in  the  Campus 
Martius  or  the  Forum,  the  comitia  centuriata  usually 
meeting  in  the  Campus  Martius,  the  comitia  trihuta  in 
the  Forum ;  in  both  cases  the  ground  was  divided  by 
ropes  or  barriers  into  saepta  or  ovilia,  enclosures  which 
probably  extended  in  semicircular  form,  leaving  an  open 
space  in  the  centre.  From  these  saepta  voters  had  to 
pass  along  the  pontes  or  narrow  passages,  at  the  top  of 
which  stood  the  rogatores,  or  returning  officers,  who 
marked  off  the  votes  {punctum^)  on  a  tablet  as  each 
citizen  passed  by  and  gave  the  name  of  the  candidate  he 

^  nefastus,  opposed  to  fastus  or  profestus  ;  the  dies  comitiales, 
days  on  which  comitia  could  be  held,  were  necessarily  profesti,  but 
the  inverse  proposition  does  not  hold,  many  dies  profesti  having  an 
interval  in  them  which  was  nefastus. 

^  Ciirule  magistrates  =  consul,  censor,  praetor,  curule  aedile, 
dictator,  magister  equitum.  The  original  meaning  of  curtdis  seems 
to  have  been  '  one  who  is  allowed  to  drive  within  the  streets  of  the 
city,'  and  is  thus  connected  with  currus.  Cf.  Mon,  Ancyr.  triumphus 
curulis,  translated  ^0'  dpiuLaTos.     Mommsen  Staatsrecht  i.  396, 

^  Cf.  punctum  ferre,  to  be  successful ;  Hor.  A.  P.  343  omnetulit 
punctum  qui  miscuit  utile  d/>.dci, 


wislied  to  vote  for.  In  later  times  the  voting  was  by 
tablets  (tahellae),  which  were  distributed  before  the  poU 
by  dirihitores  and  then  deposited  in  baskets.  Before  the 
poll  could  commence  the  auspices  had  to  be  taken  by  the 
presiding  magistrate — at  the  Rostra  if  the  meeting  was  in  the 
Forum,in  the  Hortus  Scipionis^  if  in  the  Campus  Martius, 
If  the  auspices  were  unfavourable  the  elections  were 
postponed,  and  any  inferior  magistrate  could  bring  this 
about  by  announcing  unfavourable  oraens  (ohnuntiatio),  a 
principle  which  in  later  times  became  a  political  engine 
of  considerable  power;  a  magistrate  had  merely  to 
announce  that  he  had  seen  a  flash  of  lightning,^  and  the 
comitia  could  not  take  place,  as  a  thunderstorm  was 
always  at  an  election  co»sidered  most  ill-omened; 
similarly,  if  any  of  those  present  were  seized  with  a 
sudden  fit  or  epilepsy  (morhus  comitialis  ^)  the  elections 
could  not  continue.  If  the  auspices  were  favourable, 
the  polling  commenced  at  the  century  or  tribe  to  which 
had  been  assigned  by  lot  the  privilege  of  voting  first 
(centuria  or  trihus  praerogativa  ^).  The  candidates  had 
already  given  in  their  names  (projitehantur  nomina)  in 
the  Forum  about  seventeen  days  (trium  nundinarum 
tempus)  before  the  election  took  place.     The  names  of 

^  The  Hortus  Scipionis  was  an  enclosure  in  the  Campiis  Martius 
which  had  been  'inaugurated,'  i.e.  considered  as  a  templum 
{Tifievos)  or  auguraculum,  where  spectio  or  auspice-taking  was 
allowed.     Cf.  Mommsen  Staatsrecht  i.  89,  109,  ii.  9. 

2  Cf.  Mommsen  Staatsrecht  i.  80,  98,  105. 

^  morbus  major  or  sacer.     Festus  p.  254  Miill. 

■*  Cf.  pro  Pl.  §  49  and  infra  §  21. 


the  successful  candidates  were  announced  {renuntiatio)  by 
the  presiding  magistrate  after  the  votes  had  been  counted. 

Such  was  the  method  of  procedure  in  the  calmer  days 
of  the  Kepublic,  but  from  the  times  of  the  Gracchi 
onward  the  Forum  and  Campus  Martius  at  election  time 
were  frequently  the  scene  of  turbulent  riot,  and  not 
infrequently  of  bloodshed. 

The  period  between  the  professio  and  the  actual 
election  was  spent  by  the  candidates  in  canvassing 
(ambitus).  This  term  ambitus,  originally  meaning  merely 
a  going-round  (ambire),  changed  its  signification  as  time 
went  on,  and  the  distinction  between  its  two  meanings  of 
legal  and  illegal  canvassing  is  not  always  easy  to  draw.^ 

§  21.  According  to  the  original  division  of  the  centuries 
Praerogativa.  ^^^  voting  thc  kuights  votcd  first ;  there  did 

History.  jj^^  ^^^g^  g^^y  arrangement  by  which  any  one 
century  had  the  right  to  give  its  vote  first — all  voted 
simultaneously.  It  was  only  after  the  reformation, 
probably  in  260  b.c,  of  the  centuriate  assembly  that  one 
century  was  chosen  by  lot,  probably  from  the  centuries 
of  the  first  class,  to  give  its  vote  first,  the  remaining 
centuries  polling  in  order^  (i^tre),  i.e.  simultaneously. 
The  object  of  this  arrangement  was  to  abolish  the  privilege 
of  the  knights,  who  now  gave  their  votes  partly  with, 
partly  after  the  first  class.  In  later  times  everything  at 
elections  centred  round  this  praerogativa  {centuria  or 
tribus),  i.e.  the  century  or  tribe  to  which  the  lot  assigned 
the  first  position  at  the  poll.     The  choosing  of  this  prae- 

^  vide  supra  §  15.  ^  Mommsen  Staatsrecht  iii.  294. 


rogativa  by  lot,  after  a  preliminary  prayer,  opened  the 
electoral  proceedings.  It  is  certain  that  when  the 
centuries  met  for  the  election  of  magistrates,  possibly  too 
at  their  other  meetings,  the  great  number  of  voters,  the 
necessity  of  avoiding  division  of  votes,  and  the  fact  that 
the  election  must  be  completed  by  sunset,  induced  the 
divisions  which  voted  later  to  usually  vote  the  same  way 
as  the  praerogativa ;  this  was  especially  the  case  in  the 
later  Eepublic.i  Thus  it  usually  happened  that  in 
electoral  comitia  the  candidate  who  obtained  a  majority 
in  the  praerogativa  (tribus  or  centuria)  was  elected. 

The  inequality  of  this  system  and  the  opportunities 
which  it  afforded  for  illegal  canvassing  are 

^  ^  Valueofvotes. 

pointed  out  by  Gentile.^  The  object  of  a 
candidate  was  to  procure  the  votes  of  a  majority  in  each 
of  the  35  tribes ;  if  he  could  obtain  a  majority  in  18  he 
had  an  absolute  majority  and  his  cause  was  won*  A 
clearer  view  of  the  proceedings  may  be  obtained  by 
examining  an  imaginary  election  (under  comitia  tributa)  as 
follows.  The  tribes  were  35  in  all,  a  majority  consequently 
was  18 ;  suppose  for  sake  of  clearness  each  tribe  to  have 
contained  100  voters,^  the  18  tribes  of  the  majority  had 
1800  votes,  the  17  of  the  minority  1700,  but  if  in  each 
of  the  18  tribes  of  the  majority  it   should  happen  a 

^  Cf.  Mommsen  Staatsrecht  iii.  398,  pro  Fl.  §§  20,  49,  ad  Q.  Fr. 
2.  14.  4,  de  Div.  1.  45.  103. 

^  le  Elezioni  etc.  p.  240. 

^  This  number  is  not  of  course  intended  to  represent  in  any 
way  the  actual  numbers  in  a  tribe,  but  is  taken  merely  to  facilitate 


candidate  got  60  votes,  he  was  elected  with  1080  votes 
over  a  candidate  who  might  have  gained  1 700  votes  from 
the  minority  tribes  in  addition  to  the  votes  of  the 
minority  in  the  tribes  who  had  a  majority  for  his  opponent 

=  40x18  =  720;  thus the  unsuccessful  candidate  might 
have  2420  (i.e.  1700  +  720)  votes,  the  successful  1080. 
Similarly  in  373  centuries  the  majority  was  187,  and  a 
mere  majority  obtained  in  each  of  these  187  might  be 
stronger  than  the  unanimous  vote  of  the  other  186. 
Irrational  as  this  may  seem,  it  appears  to  have  been 
certainly  possible,  unless  we  suppose  that  every  century 
and  every  tribe  was  always  unanimous,  having  agreed 
beforehand  for  whom  they  would  vote,  which  seems  im- 
probable.  The  Roman  electoral  system  has  been  well 
characterised  as  a  method  of  'voting  by  sample.' 

§  22.  The  object  then  of  canvassing  {ambitus)  was  to 

Canvassing  at  sccure  a  majority  of  voters  in  each  tribe, 
Rome.  ^^^  j^  jg  noticeable  that  Roman  laws  did  not 
hold  amhitus  to  be  a  crime  when  aflfecting  individuals, 
but  only  when  attempts  had  been  made  to  gain  coUec- 
tively  the  votes  of  a  tribe  or  century.  'Questions  of 
party  and  policy  held  but  a  small  place  in  Roman  elections; 
a  competitor  for  office  was  not  expected  to  put  forth 
any  political  creed,  he  rather  strove  to  give  a  general 
impression  of  his  statesmanlike  qualities  and  efface  his 
political  connexions  as  much  as  possible ;  a  Roman  elec- 
tion  was  a  question  of  men  not  measures ' ;  ^  '  each  voter,' 
says  Oicero  joro  Pl.   4.   10,    'considers  more  frequently 

^  Strachan-Davidson  Cicero  p.  90. 


what  claims  the  candidate  has  on  him  than  what  claims 
he  has  on  the  commonwealth ' ;  to  gain  this  personal 
favour  was  the  first  business  of  a  candidate.  The 
methods  of  gaining  it  we  gather  from  Cicero's  letters  and 
speeches,  who,  e.g.  ad  Att.  1.  1.  2  and  elsewhere,  states 
clearly  his  approval  of  the  whole  system  of  amhitus:  nos 
in  omni  munere  candidatorio  fungendo  summam  adhihehi- 
mus  diligentiam.  Plutarch  too,  Cat.  min.  49  and  50, 
mentions  that  Cicero  often  blamed  Cato  for  disdaining  to 
make  use  of  the  ordinary  methods  of  canvassing.  But  our 
best  guide  in  such  matters  is  the  treatise  of  Cicero's 
brother  Quintus  de  petitione  consulatus,  a  practical  hand- 
book  of  the  art  of  canvassing. 

Public  opinion  at  Rome  always  attached  special  im- 
portance  to  the  votes  gained  by  a  candidate  in  his  own 
tribe  or  century,  and  not  only  the  candidate  himself  but 
also  his  rival  or  rivals  exerted  themselves  most  strenu- 
ously  within  this  area,^  and  the  members  of  such  a  body 
expected  to  be  specially  entreated  for  their  'vote  and 
support.'  Quintus  Cicero  recommends  the  following  pro- 
cedure  to  his  brother  : — semper  cum  multitudine  esse,  to 
make  himself  prominent  among  his  constituents,  to  know 
all  of  them  by  sight  and  to  greet  them  familiarly,  pren- 
satio,  in  which  he  was  helped  by  nomenclatores  or  slaves 
whose  business  it  was  to  mention  the  names  of  the  citizens 
to  their  employer  when  they  chanced  to  meet  him ;  to 
be  always  accompanied  by  followers,  deductores,  fautores, 
sectatores  ;  to  give  banquets  of  which  Q.  Cicero  says  fac  ut 

1  pro  Pl.  41-46,  dejpet.  cons.  18.  31-32. 


convivia  ahs  te  et  ah  amicis  tuis  CQncelehrentur  et  passim 
et  trihutim  {de  petit.  §  44) ;  entertainments  for  the  people 
at  the  candidate's  expense  ('it  was  for  these  that  the 
aediles  ransacked  the  world  for  the  gift  of  wild  beasts  and 
the  loan  of  works  of  art,  that  Caesar  displayed  gladiators 
in  silver  panoply,  and  that  Scaurus  invented  his  movable 
theatres  which,  when  the  plays  were  over,  were  wheeled 
round,  spectators  and  all,  so  as  to  forra  an  amphitheatre 
for  the  exhibition  of  fighting '  ^).  The  assigning  reserved 
seats  at  these  shows  to  members  of  the  candidate's  tribe 
or  influential  electors  generally,  was  a  method  of  gaining 
popularity  which  was  especially  aff^ected  by  the  aediles. 

All  these  methods  then  of  gaining  votes  were  considered 
legal ;  one  other  method  needs  special  notice  because  it  was 
employed  by  the  defendant  in  our  case — Plancius.^  This 
is  coitio,  or  a  coalition  between  two  candidates  to  oust  a 
third  candidate  and  if  possible  obtaiu  an  absolute  majority 
of  the  thirty-five  tribes,  the  two  mutually  contributing,  as 
it  were,  the  votes  of  those  tribes  of  whose  support  they  were 
certain.  The  term  for  this  was  trihum  concedere  or  con- 
ferre.  These  coitiones  were  of  a  private  nature ;  a  notable 
example  is  the  formation  of  the  so-called  triumvirate  ^  at 
Lucca  in  56  to  oppose  the  candidature  of  L.  Aemilius. 

Rhetoric  of  the 

§  23.  Under  the  term  '  Rhetoric '  the  ancients  under- 
stood  all  such   training   as   helped   in   the 


preparation  of  written  or  spoken  speeches, 

^  Strachan-Davidson  Cicero-p.  95. 
2  pro  Pl.  §  54.  3  Kopkei?ro  Pl.  §  13. 


a  Theory  of  Oratory,  in  short  the  art  of  Persuasion. 
Thus  the  pre  -  Aristotelian  definition,  e.g.  of  Gorgias 
427  B.c.  and  Isocrates  380  b.c,  is  prjTopiKrj  ia-Ti 
Tkxvr)  .  .  TTiiOovs  Sr]fxtovpyos.^  Aristotle  himself 
says  {Rhet.  i.  2  T€^vr]  prjTOpLKrj)  Svva/jns  Trepl  €Kaa-Tov 
Tov  Oiioprjarac  to  €v8exop-€vov  TnOavov,  with  which  Her- 
magoras  agrees  in  the  main,  SvvafXLs  tov  ev  Xeyeti/ : 
by  degrees,  however,  Rhetoric  was  regarded  less  as  a 
SvvafMLs,  mere  ability,  skill,  and  more  as  a  t^x^V^  an 
art  or  science,  technology,  and  the  definition  of  Quintilian 
based  on  Xenocrates  may  be  taken  as  representing  the 
general  view  in  Ciceronian  times,  bene  dicendi  scientia. 

§    24.     Some    short    knowledge    of    Rhetoric    and 
its  methods  is  a  necessary  complement  of 


classical  studies  in  order  to  estimate  the 
extraordinary  influence  and  importance  of  oratory 
in  both  the  public  and  private  life  of  the  Greeks  and 
Romans;  so  large  a  part,  too,  of  classical  literature 
is  of  a  rhetorical  nature  that  a  knowledge  of  the  tech- 
nicalities  of  forensic  composition  is  almost  imperative 
for  a  clear  comprehension  of  them.  Lastly,  a  subject 
deserves  more  than  a  passing  interest  which  for  2000 
years  was  the  chief,  at  times  the  only,  educative  agent 
in  the  training  of  a  gentleman :  for  from  the  year  400 
B.c.  in  the  hands  of  the  Sophists ;  at  the  various  schools 
of  Rhetoric,  such  as  that  of  Molon  at  Rhodes,  to  which 
young  Romans  went  as  to  a  university ;   at  the  univer- 

^  Sext.    Empir.   adv.  Rhet.    61    p.    587,    Plutarcli  (the   neo- 
Platonist)  in  Rhet.  graec.  Walz  vii.  p.  33. 


sities  of  the  Middle  Ages,  where  the  chairs  of  Rhetoric 

were  the  most   sought   after,    as  part    of  the  trivium 

and  quadriviumi;   ^t  Cambridge,  where  even  in  1550 

Aristotle,  Quintilian,  and  Cicero  were  text-books — in  all 

these  different  spheres,  in  fact  over  all  civilised  Europe 

for   nearly  twenty  centuries,  the   study  of  Rhetoric  is 

closely  woven   into    the   cuiture-life  of  mankind.       In 

spite,  too,   of  the   exaggerated    classification,    elaborate 

technique,    the    over-subtle    refinements    of    rhetorical 

systems,  yet,  inasmuch  as  the  art  of  Rhetoric  has  ever 

been  based  on  experience  and  usage,  a  great  many  of  its 

methods  are  useful  for  orators  in  any  age. 

§  25.    Thucydides   talks    of  Pericles  as   Xeyetv    Kal 

Trpdcra-eiv  SwarwraTos   (i.    139)   of  his  con- 
History.  .  .       »    ,  ,     ,      ,, 

temporaries  at  Athens,  but  there  is  no 
evidence  of  his  having  studied  oratory  as  an  art.  For 
the  origin  of  Rhetoric  as  a  science  we  must  look  to  Sicily. 
Khetoric  in  "^^^^  ^^  "^^^  *^^*  Empedoclcs  distinguished 
Siciiy.  himself  by  the  fluency  of  his  expression  and 
his  skilful  use  of  metaphors,  so  that  Aristotle  regards 
him  as  the  founder  of  Rhetoric ;  but  of  a  system  or  art 
there  is  no  trace.  It  was  a  certain  Corax  (flor.  466) 
and  his  pupil  Teisias  who  first  put  together  a  Texvr}  or 
hand-book  of  rules  and  directions  for  litigants  with  regard 
to  disposition  and  argumentation,  and  on  which  a  theory 
of  eloquence  was  based.  The  need  for  such  systematic 
hand-books  was  caused  by  the  frequent  lawsuits   insti- 

^  In  the  Middle  Ages  the  sciences  were  divided  into  two  courses, 
trivium,  i.e.  grammar,  logic,  and  rhetoric,  and  quadrivium,  i.e. 
music,  arithmetic,  geometry,  and  astronomy. 


tuted  by  the  numerous  political  exiles  on  their  return  to 
recover  property  from  which  they  had  been  evicted  by 
such  tyrants  as  Hiero  and  Thrasybulus,  The  Sicilian 
school  generally  devoted  themselves  to  the  attainment  of 
€ve7r€La  '  fluency  of  speech,'  and  consistently  with  this  we 
find  Gorgias  of  Leontini  developing  especially  Gorgias, 
Ae^ts  'style'  as  a  branch  of  oratory,  com-  427  b.c. 
bining  with  it  also  some  precepts  as  /AVTyjw-^,  the  learning 
a  speech  by  heart.  This  evcTreia  '  facility,'  however,  was 
pushed  too  far  by  Gorgias,  and  yopyid^eiv  '  to  talk  like 
Gorgias '  became  synonymous  with  empty  bombast  and 
monotonous  sentence-formation.  In  427  B.c.  Gorgias 
was  sent  on  an  embassy  to  Athens,  and  shortly  after  this 
he  settled  down  there  and  founded  the  first  school  of 
Rhetoric  in  Greece.  Rhetoric  now  took  its  place  in  the 
scheme  of  Athenian  education;  many  teachers  of  Rhetoric 
flocked  to  Athens,  such  as  Protagoras,  Thrasymachus, 
Prodicus,  Hippias — the  so-called  Sophists — each  of  whom 
did  his  part  in  developing  some  branch  of  Rhetoric  as 
an  instrument  of  education,  Plato's  opposition  to  the 
Sophists  and  to  all  their  teaching,  especially  their 
practical  teaching  of  oratory,  availed  nothing  to  check 
its  popularity ;  it  was,  as  Grote  says,^  'the  opposition  of  a 
theorist  and  a  philosopher  to  the  systems  of  practical 
teachers,  that  of  a  dissenter  against  the  established 
clergy,'  The  influence  of  Gorgias  and  his  school  was 
very  widespread ;  most  of  the  ten  Attic  orators  (Anti- 
phon,  Andocides,  Lysias,  Isaeus,  Isocrates,  Demosthenes, 

1  Ok.  Hist.  viii.  150-200. 


Aeschines,  Hypereides,  Lycurgus,  Deinarchus)  owe  some- 
thing  to  his  teaching ;  of  these  Antiphon,  the  teacher  of 
Thucydidcs,  and  Isocrates  (pater  eloquentiae  Cic.  de  Or. 
2.  3.  10)  contributed  most  towards  building  up  the  system 
of  Rhetoric,  as  both  of  them  wrote  Tix^ai,  or  hand-books 
of  oratory,  which  are,  however,  unfortunately  lost.  But  it 
Aristotie,     "^^^  ^^^*  ^^^  Aristotlc  (384-322)  to  methodise 

884-322.  ^^^  systematise  the  Art  of  Rhetoric  in  such 
perfection  that  his  rex^i?  prjTopiK-j,  '  the  most  scientific 
work  on  Rhetoric  extant,'  at  once  became  the  hand-book 
on  Rhetoric,  and  continues  to  be  so  to  modern  times ; 
and  it  is  hardly  an  exaggeration  to  say  that  'the  Art 
of  Rhetoric  was  the  creation  of  Aristotle.'  ^  Somewhat 
similar  to  Aristotle's  Teyvf]  p-qTopiK-q  is  the  treatise  on 
Rhetoric  sometimes  published  with  Aristotle's  works, 
but  it  belongs  more  to  the  school  of  the  Sophists  and 
Isocrates ;  its  probable  author  was  Anaximenes  of 
Lampsacus,  a  rhetorician  of  the  time  of  Alexander. 

Great,  however,  as  has  been  the  influence  of  Aristotle 
and  the  Peripatetic  school  on  the  Rhetoric  of  the 
Middle  Ages,  when  Latin  translations  of  Aristotle  made 
up  all  that  was   known  of  Greek   thought   generally,^ 

stoics  of     y^^  ^^  "^^^  another  school  of  philosophers, 

Pergamum.    ^jjg  Stoics  of  Pergamum,  who  first  introduced 

Rhetoric  to  the  Roman  world.     The  Stoics  had  studied 

^  Prof.  Jebb  in  Encycl.  Brit.  nintli  ed. 

^  From  A.D.  650-1350  the  knowledge  of  Greek  was  almost 
entirely  lost  in  the  Western  world  ;  Aristotle  was  studied,  but  only 
in  Latin  translations  of  portions  of  his  works  (Boeckh  Encyd. 
pp.  301  f.) 


Rhetoric  diligently  since  Zeno's  time,  regarding  it  as 
a  subdivision  of  their  science  of  Logic,  and  especially 
developing  the  introductory  parts  of  Rhetoric  together 
with  inventio  and  dispositio  —  the  determining  and 
arranging  the  subject-matter.  Unfortunately  none  of 
the  actual  works  of  Stoic  rhetoricians  have  come  down  to 
us,  but  we  have  two  treatises  by  late  Latin  writers  based 
on  the  Stoic  system,  Chirius  Fortunatianus  (a.d.  450) 
and  Sulpitius  Victor.  It  was  in  Pergamum,  the  Asiatic  ^ 
rival  of  Alexandria  for  the  pre-eminence  in  the  world  of 
culture,  that  the  Stoics  first  began  to  influence  literature 
and  education ;  here  they  anticipated  their  Alexandrine 
fellows  in  the  combination  of  grammar  with  Rhetoric,  in 
the  literary  criticism  of  ancient  authors,  especially  the 
consideration  of  their  style;  and  here  the  canon  of  the  ten 
Attic  orators  was  set  up  and  the  superiority  assigned  to 
Demosthenes,  which  we  find  maintained  throughout  the 
Latin  writers  on  Rhetoric.  The  connecting  link  between 
the  Latin  rhetoricians  and  the  Pergamene  Hermagoras, 
Stoics  is  Hermagoras  of  Temnos  (flor.  150  isob.c. 
B.C.),  who  probably  lived  for  some  time  at  Pergamum,  and 
at  any  rate  belongs  to  the  Pergamene  school  of  thought. 

^  Pergamum  (now  Pergamo)  was  the  capital  of  the  kingdom  of 
Pergamus  and  afterwards  of  the  Roman  province  of  Asia  ;  it  was 
situated  on  the  river  Caicus  in  S.  Mysia.  The  city  first  acquired 
importance  under  Lysimachus,  who,  after  the  defeat  of  Antigonus 
at  Ipsus  in  301,  consideraljly  enlarged  and  beautified  it.  The 
zenith  of  its  power  was  reached  under  Eumenes  II.,  who  founded 
its  library,  the  formation  of  which  oceasioned  the  invention  of 
parchment,  charta  Pergamena. 


He  may  be  regarded  as  the  founder  of  scholastic  rhetoric, 
redeeming  the  study  from  excessive  Asianism  by  a  judicious 
combination  of  theory  and  practice.  His  system  was  very 
complete,  especially  his  subdivisions  of  commonplaces, 
and  it  remained  from  this  period  onwards  as  the  founda- 
tion  of  all  developments  of  Rhetoric,  both  in  Greece  and 
Rome.  His  system  is  reproduced  in  the  work  of 
Cornificius,  the  so-called  Auctor  ad  Herennium,  and  by 
Cicero  in  his  youthful  work  de  Inventione,  and  also  the 
Orator  and  Partitiones  oratoriae  and  in   the  technical 

Quintiiian,     P^^*   ^^  *^^    Brutus   aud    the   de  Oratore. 

A.D.  42-118'.  Quintilian  (a.d.  42-118)  in  his  Institutio 
oratoria  and  the  Greek  rhetoricians  of  the  later 
sophistic  period,  e.g.  Hermogenes  of  Tarsus  (flor.  a.d.  160), 
have  made  use  of  the  systems  of  Hermagoras  for  the  technical 
subdivisions  of  Rhetoric.  When  we  talk  generally  of  the 
Rhetoric  of  the  •'^^^^^^^^  of  thc  Grecks  and  Romans  we 
ancientsdefined.j,g^lly  mean  thc  mcthods  of  Rhetoric  formed 
by  a  combination  of  the  work  of  the  Stoics  and  Herma- 
goras,  a  Stoic-Hermagoraic  system. 

§  26.  With  regard  to  Cicero's  relation  to  Rhetoric, 
we  must  distinguish  between  Cicero  the  practical 
barrister  and  Cicero  the  theorist  and  litterateur  in 
Rhetoric.  Trained  as  a  young  man  in  the  technique 
Cicero's  ^^  Rhetoric  according  to  the  methods  in 
Rhetoric.  yogue  iu  his  day  —  Asianism  only  just 
beginning  to  be  leavened  by  the  scholastic  Rhetoric 
of  Hermagoras — he  at  first  showed  himself  a  devoted 
admirer  of  the  florid,  exaggerated,  epigrammatic  style 
of  the  Asiatic  school,  the  two  chief  representatives  of 


which  were  Hierocles  ^  and  Menecles  of  Alabanda  (flor. 
100).  This  tendency  was  fostered  in  Cicero  by  his 
friend  Hortensius.  But  about  the  year  78  b.c,  shortly 
after  the  acquittal  of  Roscius,  Cicero  was  compelled  by 
ill-health^  to  retire  temporarily  from  the  bar ;  he  proceeded 
to  Khodes,  where  he  devoted  two  years  to  studying 
Rhetoric  under  Molo,  whose  lectures  he  had  attended  in 
Rome  in  88.  This  Rhodian  school,  of  which  Molo  was 
now  head,  may  be  regarded  as  directly  descended  from 
that  of  Hermagoras.  Their  model  was  Hypereides,^  the 
representative  of  the  'plain'  school.  Cicero  and  Quintilian 
talk  of  the  Rhodian  school  as  intermediate  between  the 
earlier  florid  Asianism  and  the  simpler  Attic  style, 
but  there  seems  little  doubt  that  it  approximated  more 
closely  to  the  Asiatic  than  the  Attic  school.^  But  Cicero 
was  no  servile  follower  of  a  school ;  his  was  an  eclectic 
system,  the  factors  of  which  may  be  considered  as  the 
technical  system  of  Molo  plus  an  independent  study  of 
Isocrates  and  probably  Aristotle,  plus  a  great  amount  of 
experience  derived  from  a  large  practice  at  the  bar,^  plus 
a  keen  perception  of  style  aiid  phraseology  and  an  almost 
perfect  mastery  of  the  Latin  language.  As  time 
went  on  Cicero  became  more  and  more  Attic  in  his 
tendencies,  simplifying  his  style  and  adopting  as  his 
model  Demosthenes.     In  dealing  with  his  actual  speeches 

1  de  Or.  2.  23.  95.  =  j^^^f^  qq  313^  91   ^jg^ 

^  Blass  A  ttische  Beredsamkeit  pp.  84-88. 

^  Landgraf  Cic.  pro  R.  Am.  p.  121. 

^  Cf.  TeufiFel  Ilist.  of  Lat.  Lit.  i.  §  229. 


it  is  customary  to  make  three  periods,  Asiatic,  Rhodian, 
Attic ;  this  is  misleading,  as  of  course  there  are  a  good 
many  of  the  orations  which  must  be  regarded  as  belong- 
ing  to  a  stage  of  transition.  Of  the  speeches,  however, 
which  have  a  distinct  style  we  may  classify— 

1.  Asiatic,  pro  Quinctio,  pro  Roscio  ATnerino. 

2.  Rhodian,  pro  Plancio,  pro  Cluentio. 

3.  Attic,  pro  Ligario,  pro  Milone. 

§  27.  As  a  writer  on  the  theory  of  oratory  Cicero 
contributed  little  that  was  original ;  as  mentioned  above, 
he  wrote  a  rechauffe  of  Cornificius'  work  [Auctor  ad 
Herennium)  under  the  title  Rhetorica  aut  de  inventione;  a 
treatise  on  the  art  of  oratory  generally,  de  Oratore,  based 
for  the  most  part  on  Hermagoras'  works ;  the  Brutus,  a 
history  of  Roman  oratory ;  a  sort  of  rhetorical  catechism 
for  his  son,  the  Partitio  oratoria ;  the  Orator,  and  de 
optimo  genere  oratorum,  published  in  45,  a  preface  to 
his  lost  translation  of  the  speeches  of  Demosthenes  and 
Aeschines  de  Corona ;  and  finally  in  44  the  Topica,  a 
technical  discussion  on  the  topics  of  Inventio,  but  not 
containing  any  very  original  matter.  Cicero  certainly 
enlarged  the  popular  notion  of  treating  Rhetoric,  but 
often,  at  least  in  his  later  days,  in  opposing  the  ultra- 
scholasticism  of  the  Rhetoric  of  his  time  tends  to  carry 
his  empiricism  too  far.^ 

§  28.  In  spite  of  the  number  of  technical  works  on 
Rhetoric  which  have  come  down  to  us,  a  history  of  its 
development   at  Greece  and   Rome   and   details   of  its 

1  Cf,  Teuffel  Lat.  Lit,  i.  280. 


classification  must  necessarily  be  sometimes  vague,^  as 
the  rhetoricians  themselves  often  make  use  of  a  termino- 
logy  inconsistent  and  unmethodical.  But  we  can  roughly 
reconstruct  the  curriculum  of  Rhetoric  whieh  was  fol- 
lowed  in  training  an  orator  in  the  times  of  Cicero. 

The  first  duty  of  the  oratorical  student  was  to  study 
the  bearings  of  his  case  (quaestio),  real  or  Tj.ainingin 
fictitious,  theoretical  or  practical,  and  to  oratory. 
consider  whence  he  is  going  to  derive  the  subject-matter 
of  his  speech,  his  topics.  This  is  the  Intellectio  or 
v6r](TL<i.  In  detail — he  must  first  decide  to  which  kind 
of  oratory  his  quaestio  belongs.^ 

I.  ivdiciale  genus,  yivos  diKaviKdv. 
II.  deliberativum,  avfx^ov\evTLKbv. 
III.  demoTistrativum  \    iirideLKTiKdv 
or  |-  or 

laudativum,      J    iyKoifxLacTLKbv. 

§  29.  He  must  next  determine  the  status  of  the 
case  or  constitutio,  the  basis,  ground  of  the  quaestio,  and 
decide  what  is  to  be  made  the  kernel  of  the  question.^ 

1.  Is  it  true  or  false  ?  status  conieduralis  {<rToxa<TfjL6s),  *  an 
sit,'  a  question  of  fact,  oi  ajffirmatio  or  negatio ;  Cornif.  2.  2-8 
Cic.  de  Inv.  1.  8. 

2.  How  is  the  act  to  be  defined  and  classified  ?   definitio, 

3.  What  is  the  quality,  character  of  the  act  involred  ? 
qualitas  {iroLbTTjs),  status  generalis  iuridicalis,  ' quale  sit'  or 
'  quomodo. ' 

^  Volkmann  Rhetorik  p.  639. 

2  Quint.  iii.  4,  Cic.  de  Inv.  1.  5.  7. 

3  Volkmann  pp.  650,  653. 


4.  Will  it  be  better  not  to.  meet  the  charge  directly,  but, 
avoiding  a  discussion  of  the  merits  of  the  case,  demand  that  it 
should  be  discussed  before  some  other  tribunal,  on  other  lines  ? 
translatio  {/j.eTaXrjypis,  7rapaypa<pifj). 

Whatever  the  status,  the  line,  ground  of  the  case  be 
determined  to  be,  the  circumstauces  must  be  next  con- 
sidered  (Tre/jio-Tacrets  or  Trcpta-raTiKd,  circumstantia)  under 
seven  ^  heads — 

1.  The  person,  Trpbao^irov,  quis. 

2.  The  fact,  Trpd^LS,  quid. 

3.  The  time,  xp^j^os,  quando. 

4.  The  place,  tSttos,  uhi. 

5.  The  motive,  alTia,  cur. 

6.  The  niethod,  TpSiros,  quomodo. 

7.  The  facilities,  d<pop/  ipyuv,  quibus  adminiculis. 

Or  iu  the  line  of  the  rhetoricians  of  the  Middle  Ages — 
quis,  quid,  ubi,  quibus  auxiliis,  cur,  quomodo,  quando. 

Having  studied  the  status  and  the  circumstantia,  the 
orator  must  choose  his  topics  (loci,^  tottol)  accordingly ; 
they  may  be  drawn  from  the  contents  of  the  case  {insiti 
loci)  or  introduced  (adscripti). 

^  So  Hermagoras.  These  are  given  very  varlously  by  different 
writers  ;  cf.  Rhet.  Gr.  iv.  150,  Quint.  iii.  5,  Volkmann  p.  649. 

^  Probably  =  properly  the  general  locaUties  from  which  proofs 
can  be  drawn  ;  or  possibly  positions  which  all  orators  may  take  up 
in  common.  The  text-books  gave  very  elaborate  commonplaces, 
which  an  orator  was  recommended  to  thoroughly  master.  loci 
are  divided  by  Fortunatian  into — 

loci    ante  rem       f  a  persona,  a  re,  a  causa. 
in  re         =^  a  tempore,  a  loco, a  inodo. 
circa  rem      \  a  materia. 
post  rem. 


In  Cicero's  speeches  we  find  many  loci  communes,  e.g. 
de  quaestionibus,  i.e.  tliat  slave  -  evidence  is  untrust- 
worthy  or  otherwise,  cf.  Cornif.  2.  10,  Cic.  de  Inv.  2. 
46,  Quint.  v.  4 ;  or  de  rumorihus,  cf.  Cornif.  2.  12  ah 
rumorihus  dicemus,  si  negahimus  temere  famam  nasci 
solei^e  quin  suhsit  aliquid,  contra  rumores  dicemus  si 
docehimus  multos  esse  falsos  rumores,  Quint.  v.  3. 

The  first  duty  then  of  an  orator,  Intellectio,  is  to 
understand  clearly  the  nature  of  his  case, 


and  to  decide  what  topics  he  is  to  use. 

§  30.  Intellectio  may  be  regarded  as  merely  an  intro- 
ductory  step  in  the  rhetorical  curriculum.  The  five 
main  divisions  of  Rhetoric  ^  are — 

I.  Inventio,  €vpe(ri<s :  the  determining  and  classifying 
of  the  difi^erent  parts  of  the  subject-matter,  and  the 
grouping  of  them  according  to  the  five  divisions  of  a 
speech — prologue,  statement  of  case,  proof,  refutation, 
epilogue.     For  details  see  below,  §  31. 

II.  Dispositio,  rd^Ls :  i.e.  the  orator  must  decide  the 
more  detailed  order,  succession,  of  his  arguments,  mould- 
ing  them  in  artistic  language  and  effective  logical  order, 
elaborate  the  connexion  of  his  arguments,  giving  promi- 
nence  to  his  strong  points,  and  strengthen  his  weak  ones 
by  rhetorical  artifices. 

III.  Mocutio,  \e^is  or  cf)pdcrL<s :  the  study  of  sti/le  and 
expression.  To  this  branch  of  oratory  the  student  was 
advised  to  direct  his  closest  attention.  Under  Elocutio 
he  must  study — (a)  Elegantia,  i.e.  purity  of  Latinity,  well- 

1  Cornif.  1.  3,  Cic.  de  Or.  3.  109,  Quint.  iii.  3  etc. 


chosen  words,  perspicuity,  and  the  avoidance  of  anything 
which  may  seem  in  bad  taste,  such  as  pleonasms,  tauto- 
logy,  frigidity  of  style  (Arist.  Rh^t  iii.  3  ro  xpvxpov) ; 
(/3)  Ornatus,  ornaments  of  language,  metaphors,  tropes 
etc,  rhetorical  devices,  especially  figurae  sententiarum, 
such  as  rhetorical  questions,  interrogatio,  reticentia 
.(diroa-LCOTrTjcris),  dissimulatio  (ei^wveta  etc),  and  figurae 
verborum  or  grammatical  figures,  e.g.  prolepsis,  dva- 
8i7rXo)cri<s  etc,  all  of  which  were  most  carefuUy  elabo- 
rated,  cf.  Quint.  ix.  1.  3 ;  (y)  Collocatio,  compositio,  i.e. 
the  arranging  language  in  periods  and  sentences,  with 
due  attention  to  connexion,  cadence,  and  rhythm. 

IV.  The  next  duty  of  an  orator  was  to  learn  his 
speech  by  heart  —  memoria,  fJ^vi/jixr],  cf  Comif  3.  16, 
Cic  de  Or.  2.  351,  Quint.  xi. 

V.  Lastly,  under  the  division  Actio  {pronuntiatio, 
vTTOKpicns)  came  the  study  of  delivery,  with  considera- 
tions  of  tone,  voice,  gesture  etc ;  cf.  Longin.  p.  310 
eoTTt  Se  VTTOKpicrts  fJLifJbrjcns  twv  Kar'  dX-qOeiav  kKd(TT(o 
7rapicrrafxev(ji)v  rjOoiv  Kat  TradQtv  /cat  SidOe^ns  crisifJLaros  re 
Kal  Tovov  <l)(t)vrjs  7rpocr(fi6pov  TOt§  vTroKCifxevoiS  irpdyfiacri, 
Cornif.  3.  11.  19,  Cic  de  Or.  3.  213,  Brut.  141,  203, 
278,  303,  Quint.  xi.  3. 

As  mentioned  above,  under  the  head  Inventio  came 
the  five  ^  divisions  of  a  speech — 

1  Arist.  RJiet.  iii.  13.  1  divides  a  speech  into  Tpdde^ns  and  irlcrTii, 
biit  states  that  TrpbXoyos  and  iiriXoyos  were  usually  added.  The 
fivefold  division  rests  on  the  Stoic  -  Hermagoraic  system,  Cicero 
{de  Inv.  1.  42)  and  Quintilian  (v.  13).  But  each  rhetorician  was 
arbitrary  about  his  own  system.  The  division  in  the  text  is  such 
as  would  probably  have  been  taught  in  Cicero's  time. 


I.  exordium,  irpdXoyos. 
II.  narratio,  bi-qyqaLs. 

III.  tractatio,  irlffTis. 

IV.  re/iUaHo,  Xycrts. 

V.  peroratio,  iTrtXoyos. 

§31.  I.  Uxordium,  TrpooLfjLLov,  principium.  The  objp ct 
of  the  introduction  is  to  make  the  audience  (a)  well-dis- 
posed,  {/3)  attentive,  (y)  docile  ;  epyov  TrpooLfxLuiv,  evvoLa, 
Trpoa-e^Ls,  cvfjidOeLa  (Quaes.  ap.  Spengel  i.  p.  321,  Quint. 
iv.  1.  5,  Cornif.  1.  4.  6,  Cic.  de  Inv.  1.  15.  20  exordium 
est  oratio  animum  auditoris  idonee  comparans  ad 
reliquam  dictionem ;  quod  eveniet  si  eum  benivolum, 
attentum,  docilem,  confecerit,  cf.  Cic.  Top.  26.  97).  Its 
starting-point  is  the  personality  of  either  the  orator,  his 
opponent,  the  judge,  litigants  etc,  or  some  thing  in- 
volved,  or  both.  Its  extent  varies  with  the  diflaculty 
and  importance  of  the  subject,  and  its  ending  must  be 
such  as  to  provide  an  easy  transition  to  the  next  division 
of  the  speech,  the  narratio  ;  cf.  Arist.  Rhet.  iii.  14,  Cic. 
de  Or.  2.  325.  If  the  audience  seem  already  prejudiced 
against  the  speaker,  either  owing  to  the  nature  of  the 
case  (e.g.  in  ykvos  TrapdSo^ov)  or  by  an  opponenfs  speech, 
the  speaker  is  directed  to  make  use  of  hisinuatio,  €(:fio8o<;, 
a  more  indirect  method  of  securing  the  goodwill  of  the 
audience.  Incorporated  with  the  exordium  we  some- 
times  find  propositio  and  partitio,  the  statement  of  the 
subject  and  the  division  of  the  speech,  both  of  them 
factors,  not  subdivisions,  of  the  Aristotelian  TrpoOeo-Ls :  ^ 

1  Volkmann  p.  702. 



more  commonly  they  follow  the  narratio.  In  the 
Planciana  they  form  part  of  the  prologos.  The  follow- 
ing  is  a  scheme  of  the  introduction  of  the  pro  Pl.  §§  1-4, 
as  given  in  Olivetus'  edition  of  Cicero  (1740),  prob- 
ably  based  on  the  division  of  some  rhetorical  teacher  of 
the  fifteenth  century. 


Beoievolentiam  iudicum 
captat  declaratione 
suum  affectuum 

Odium  in  Laterensem 
adversarium  excitat 

'  gaudii,  quod  Plancio  aedilitatem  petenti 
multi  ob  Ciceronem  ipsum  faverent, 

doloris,  quod  inimici  Ciceronis  et  invidi 

accusatorem  eius  animarent,  §  1. 
fiduciae,     ob    iudices,    Ciceroni    lene- 

volos,  §  2. 
quod  aceuset  virum  integerriTnae  vitae, 

tionem  totius 
orationis  facit ;  in 

Partitionem  fadt ;    in 

et  onmibus  ornatum  virtutibus,  §  3. 
(Plancium  puniri  petit,  si  est  in  culpa, 
\      §3. 
\absolvi  petit,  si  est  innocen^,  §  3. 

monet  dicturum  se  pro  Plancio  cuius 

salutem  tueri  debet,  §  4. 
deinde  pro  se  ipso  de  quo  adversarii 

multa  dixeruni. 

Thus  "we  see  from  the  propositio  that  the  status  of 
the  case  is  coniecturalis,  i.e.  a  question  of  fact — did 
Plancius  make  use  of  corrupt  methods  or  not  ?  Other 
Ciceronian  speeches  of  this  status  are  pro  Cluentio,  pro 
Archia,  pro  Roscio  ;^  whilst  that  of  the  pro  Milone  is 
iuridicalis.  i.e.  iure  an  iniuria  occiderit  Milo  Clodium. 

Cf.  too  Dem.  de  Fals.  Leg. 


As  instances  of  the  staius  ^  definitionis,  i.e.  how  is 
the  act  to  be  classified  and  defined,  we  may  take  Demo- 
sthenes  in  Midiam,  Isaeus  de  Cleon.  hered. 

§  32.  II.  Narratio  (8i7jyr](Tis)  is  the  explanation  of 
the  facts  of  the  case  to  the  judge  or  audience,  Cic.  part. 
or.  9.  3  narratio  est  rerum  explicatio,  est  quaedam 
quasi  sedes  et  fundamentum  constituendae  jidei  ;  cf. 
de  Inv.  1.19.  27,  Quint.  iv.  2.  30. 

The  narratio  is  not  always  necessary ;  thus  the  case 
may  be  purely  legal,  or  the  facts  may  have  already  been 
sufficiently  explained  by  previous  speakers ;  Quint.  iv.  24 
plerique  semper  narrandum  putaverunt :  quod  falsum 
esse  plurihus  coarguitur.  According  to  all  rhetoricians 
since  Isocrates  it  must  be  (a)  a-a<^ri<s,  lucida ;  (/3) 
(TvvToixos,  hrevis ;  (y)  indavri,  veri  similis ;  Cornif.  1.  14 
ut  hrevis,  ut  dilucida,  ut  veri  similis  sit.  It  will  be 
clear,  if  a  careful  consideration  isgiven  to  ra  Trepia-TariKa, 
circumstantia,  i.e.  all  which  deals  with  the  special 
circumstances  of  the  case,  and  by  choice  of  correct  ex- 
pressions ;  short,  if  the  orator  plunges  at  once  in  medias 
res,  and  keeps  always  to  the  point ;  prohahle,  if  it  con- 
tains  nothing  inconsistent  or  that  disagrees  with  the 
other  facts  of,  or  the  nature  of,  the  case,  Dion.  Halic.  de 
Demosth.  34,  Cornif  1.  9.  14,  Cic.  de  Inv.  1.  20.  28, 
Quint.  iv.  2.  30.  The  kinds  of  StTJyT^cris  are  many : 
TrpoSi-qyrjcTis,  dvTi8ir]yr](T  s,  eiriSi-qyrjCTiS  etc.  It  may 
contain  also  digressions,  excessiis,  excursus,  TrapeK^ao-cts, 
7rap€v9rJKai,  Quint.  iv.  3. 

1  Volkmaun  p.  653. 


In  the  Planciana  the  narratio  is  absent,  the  facts  of 
the  case  being  already  known  to  the  jury  by  the  speeches 
of  Laterensis,  Hortensius,  and  Cassius. 

§  33.  III.  Proofs. — Tractatio,  Trto-Tets,  aywv,  diro- 
Set^ts,  KaracTKevri  Kc^aAatwv,  argumentatio,  confirmatio, 
prohatio,  contentio. 

This  is  naturally  the  most  important  division  of  the 
speech,  and  is  never  absent,  Anax.  5.  p.  191  Trtb-reis  aU 
dvdyKr]  jxev  7rpo<s  irdvra  rd  jxeprj  rwv  Xoyiav  \prjcrdat, 
Cic.  de  Inv.  1.  24.  34  confirmatio  est  per  quam  argu- 
mentando  nostrae  causae  fidem  et  au^toritatem  et  firma- 
mentum  adiungit  oratio. 

Proofs  divide  into  (a)  drexvoi,  inartificiales,  and  (/3) 
evrexvoL,  artificiales,  Arist.  Rhet.  i.  2,  xv.  116,  Cic. 
de  Or.  2.  27,  Quint.  v.  1-10.  The  former  are  such 
proofs  as  are  derived  from  the  case  itself  (oo-a  Trpovir- 
rjpx^v  Arist.  Phet.  i.  2.  2),  which  the  orator  has  merely 
to  systematise  and  bring  forward  in  their  most  telling 
manner.     They  are — 

Quint.  Arist.  Bhet.  i.  15, 




pdaavoi . 








TTio-Tcts  'ivrexvoL  are  such  proofs  as  the  speaker 
can  himself  discover  by  applying  the  methods  of  Rhetoric 
to  his  case ;  they  rest  on  logical  processes,  an  attempt  to 


make  the  uncertain  seem  credible  by  means  of  the  certain 
and  the  probable.  Just  as  in  Logic  all  proofs  which 
convey  a  subjective  conviction  rest  on  Induction 
(eirayioyy)  Quint.  V.  11)  or  Syllogism  {crvXXoyLO-fJLOS, 
conclusion),  so  in  Rhetoric  proofs  are  based  on  TrapdSetyfxa 
and  €v6vfjb7]fxa,  rhetorical  induction  and  rhetorical  con- 
clusion.  As  the  TrapdSeLyfjLa  is  a  short  form  of  induction, 
so  ivOvfjLTffia  is  a  short  form  of  syllogism,  usually  merely 
a  statement  with  the  grounds  on  which  it  is  based.  The 
enthymeme  is  built  up  from  the  probable  and  from 
indications,  e^  eiKorwv  and  Ik  o-i^/xetwv. 

It  was  in  this  division  of  the  speech  (probatio)  that 
theoretical  rhetoricians  found  scope  for  the  introduction 
of  novelties,  and  very  various  systems  were  set  forward, 
which  really  differ  in  unimportant  details  (Quint.  iii.  6. 
22  of  tractatio,  constitutio  causae  in  hoc  praecipue  videtur 
mihi  studium  diversa  tradendi  fuisse).  The  ingenuity  of 
teachers  of  Rhetoric  was  especially  devoted  to  the  elabora- 
tion  of  loci,  tottoi,  under  this  head ;  Cornificius  (and 
Cicero)  thus  treat,  it  would  seem,  this  section  on  proofs, 
tractatio,  as  a  special  heading  of  Topica.  Tractatio^ 
thus  consists  of — 

(1)  Probahile,  i.e.  cui  hono?  who  is  interested  ?  who  is  prob- 
ably  guilty  ?   considering  (a)  causa,  (j8)  viia. 

(2)  Collatio :  liow  far  do  the  allegations  fit  ?  who  else  is  as 
Hkely  to  he  guilty  ? 

(3)  Signa:  arguments  taken  from  place,  time,  duration, 
opportunity  etc. 

(4)  Argumentum  :  positive  evidence. 

(5)  Consecutio :  evidence  from  subseqnent  behaviour. 

1  Cic.  de  Or.  15. 


(6)  Approbatio :  the  establishing  the  ■  case  by  rhetorical 
commonplaces  (loci),  considerations  of  the  value  of  witnesses, 
torture-evidence  etc. 

Cf.  Cornif.  11.  2-9  or  the  analysis  of  the  work  given  in 
Wilkin's  de  Oratore  introd.  p.  55. 

§  34.   IV.  jRefutatio,  Xva-cs  (reprehensio). 

The  object  of  the  refutatio  is  to  refute  everything 
■which  the  opponent  has  iirged  or  may  nrge  against  the 
speaker;  summed  up  by  the  Greek  writers  under  the 
one  word  dvTtOecrLs. 

Aristotle,  Anaximenes,  Cornificius,  and  Cicero  treat 
Xva-is  as  part  of  the  Trio-reis  :  Quintilian  (v.  13)  was  the 
first  to  make  it  into  a  separate  division. 

The  avTi^eo-eis  which  the  Xva-ts  must  refute  are  of 
two  kinds  (a)  arexvot  and  (/3)  eVTe;^vot  or  TrapaScLyjxa- 
TLKOL,  and  of  these  it  may  attack  either  (i.)  the  material, 
or  (ii.)  the  formal  part,  or  (iii.)  both;  it  will  do  so  by 
dvTicrvXXoyLa-fjios,  counter-argument,  or  evo-Tacrets,  in- 
siantiae,  objections,  instances.  Later  rhetoricians  dis- 
tinguished  two  kinds  of  Avo-ts — 

(i.)  \ijais  KaTCL  avaTpoTrr^v  (or  /car'  haTacriv),  a  dired  refutation 
of  the  facts  ;  in  cases  of  coniectura  and  definitio. 

(ii.)  Xi/o-is  /cara  fiedodov,  indirect,  in  statu  qiialitatis,  et  in 
translatione.  Within  this  again  the  [xidoboL  were  carefully  sub- 
divided,  the  raost  important  being — 

fiidodos  KaTCL  TrepiTpoTnfjv,  taking  the  opponenfs  argument 
and  converting  it  to  one's  own  use,  Arist.  Ehet.  ii.  23.  7, 
Quint.  V.  13.  29. 

nidodos  Kark  (r6yKpovaLv,  showing  that  the  statements  clash, 
are  inconsistent,  Quint.  v.  13.  30,  Arist.  Hhet.  ii.  29. 

fi46o8os  KaTCL  /xeiwaLv,  elevatio,  depreciation,  Quint.  v.  13.  22. 


fji.^6o5os  KaTct,  a{^^7](Tiv,  amplificatio. 
dirayioyr]  els  &totov,  reductio  ad  dbmrdum. 

But  if  the  avTi^€(rets  are  aXvToi,  irrefutable  in  point 
of  fact,  the  orator  must  take  refuge  in  deceit  and 
sophisms,  e.g.  he  may  (a)  abuse  his  opponent,  {P)  shift 
the  point,  (y)  ignore  the  statements  of  the  other  side, 
(S)  misstate  the  case  etc. ;  instances  of  this  procedure 
are  not  uncommon  in  Demosthenes'  speeches  ;  cf. 
Maximus  TrepL  aXvTOiv  avTiOkareoiv,  Rhet.  Gr.  v.  577, 
Quint.  V.  13.  The  system  of  Topics  is  just  the  same  as 
in  probatio,  but  the  loci  are  of  course  employed  to  the 
opposite  purpose. 

§  35.  With  regard  to  the  scientific  division  of  the 
Flanciana,  Cicero  himself  probably  regarded  §§  4-100 
(i.e.  everything  between  exordium  and  peroration)  as 
argumentatio  or  tractatio.  The  speech,  however,  divides 
naturally,  and  has  been  divided  by  mediaeval  rhetori- 
cians,  using  the  system  inaugurated  by  Quintilian,  into 
4-58  tractatio  proper,  or  argumentatio  (sometimes  called 
contentio  =  dy6v),  58-100  refutatio. 

The  tractatio  contains  an  argument  from  prolahile, 
i.e.  whose  interests  are  involved — (a)  ex  causa,  showing 
that  Plancius  had  no  motive  for  bribery;  (/3)  ex  vita, 
that  such  conduct  is  inconsistent  with  his  character. 
The  latter  question  he  goes  into  at  some  length.  The 
refutatio  divides  into  rebutting  the  statements  of  Late- 
rensis  and  Cassius  the  junior  counsel,  both  of  whom  had 
attacked  not  only  Plancius  but  Cicero  himself. 

The  following  is  the  rhetorical  abstract  (with  some 
alterations)  given  by  Olivetus  : — 








1  -^  «£ 

^  I  i 

^  i  i 

05  *^  ^ 

.§  -^  ^ 


1-^    « 

^i       i       r 

^•§    Sh 

^    s 

«   5^ 


•^  I 







§  38.  V.  Peroratio,  eTrtXoyos  (conclusio  or  cumulus), 
Arist.  Rhet.  iii.  19,  Cornif.  30.  47,  Cic.  de  Inv.  1.  52.  98. 
The  objects  of  the  peroration  are  three  : — 

(i.)  To  sum  iip  the  main  points  of  the  speech  and 
impress  them  on  the  memory  of  the  audience  =  rerum 
repetitio^  recapitulatio,  enumeratio,  di/aKe^aAattocri?,  kir- 
dvoSos,  Quint.  vi.  1.  1. 

(ii.)  To  amplify  or,  if  necessary,  depreciate  the  act 
or  circumstances  of  the  act  by  means  of  commonplaces, 
amplificatio,  Cic.  de  Inv.  1.  53. 

(iii.)  Commiseratio,  conquestio,  to  rouse  the  emotions 
of  the  audience,  stir  their  pity,  anger,  disgust  etc.  This 
is  the  main  object  of  the  epilogue ;  and  the  stirring  of 
the  emotions  was  regarded  as  one  of  the  chief  aims  of 
the  whole  art  of  Rhetoric.  The  feeling  most  commonly 
dealt  with  in  the  epilogue  is  pity ;  hence  commiseratio 
is  often  divided  into — 

(a)   iXiov  ela^oK-fj, 
(/3)  i\iov  kK^okfi. 

To  induce  the  audience  to  lay  aside  their  feelings 
of  compassion  the  orator  was  recommended  to  use  ro 
yeXoLov,  ridiculum,  Quint.  vi.  3,  especially  ei/owveta, 
a  gentlemanly  humour  as  distinct  from  PmixoXoxla 
'  buffoonery,'  Arist.  Rhet.  iii.  19,  Cic.  Orat.  26.  90,  de 
Or.  2.  58-71  ;  cf.  Cramer  Anecd.  Paris.  i.  p.  403. 

In  the  treatment  of  kXkov  €La-/3oXrj,  the  stirring  up 
pity  or  any  other  emotions,  the  ancients  distinguished 
carefully  between  '^Oo<s  and  irddos.  ^dos  is  the  rather 
permanent  impression  or  state  of  mind  produced  by  con- 
sidering  the  personality  of  the  speaker,  i.e.   when  his 


character  and  his  speech  both  harmonise  with  the  feelings 
of  his  audience.  On  the  personality  of  the  speaker  the 
ancients  laid  great  stress  ;  cf.  Menander — 

TpoTTOs  ^ad'  6  ireldoiv  tov  XiyovTos  ov  \6yos. 

Cf.  Quint.  vi.  2.  8,  Roth  'Was  ist  das  ^Oo?  in  der 
alten  Rhetorikr  Jahu's  Jahrb.  1866  p.  855. 

TrdOos,  mere  feeling,  is  a  transitory  and  excited  frame 
of  mind,  a  momentary  disturbance  of  the  reasoning 
intellectual  side  of  the  soul,  owing  to  the  undue  promi- 
nence  of  will  or  desire,  Arist.  Hhet.  ii.  1.  7,  iii.  7  crvv- 
ojxoioTradeL  o  a/covwv  tw  iradr^TiKOJs  Xkyovn. 

Cicero's  perorations  were  always  regarded  as  very 
emotional ;  that  of  the  pro  Plancio  has  rightly  been 
called  Jlehilis.     Its  synopsis  is  as  foUows  : — 

ad  Plancium 

ad  iudices 

Peroratio,  §§  100-104 

{cuius  deplorat  mgilias  pro  sua  sahUe  susceptas; 
cui  data  auxilii  promissa  recitat; 
quem  exulem  secuiuru7n  se  profitetur. 
Ia  quibus  deprecatur  Plancium, 
PlanAii  patrem  aspici  postulat, 
inimicorum  gloriationem  considerari, 
sui  ipsius  luctuin  ac  inetum. 

For  amplification  of  the  above  summary  the  following 
works  will  be  found  useful : — 

*  Rhetorik  der  Griechen  uud  Romer,'  R.  Volkmann,  iu  I. 

Muller's  Handhuch  2nd  ed.  ii. 

*  Rhetorik, '  Freund,  in  Triennium  Philologicum  vol.  v. 
Blass  Die  attische  Beredsamheit. 

Nixon  Notes  on  Latin  Rhetoric. 
Cic.  de  Oratore  ed.  A.  S.  Wilkins. 
Rehdantz  Dem.  First  Philippic. 
Jebb's  Attic  Orators. 


MSS.  OF  Flanciana 

§  39.  The  text  of  this  edition  is  in  the  main  that  of 
Landgraf  as  given  in  his  edition  of  Kopke's  pro  Plancio 
published  in  1888.  He  has  foUowed  the  manuscript 
reading  where  possible,  has  himself  made  a  new  and 
careful  recension  of  the  leading  MS.  (T),  and  has  incorpo- 
rated  in  his  text  all  the  more  recent  contributions  to  the 
critical  elucidation  of  the  speech.^ 

The  edition  of  Cicero's  works  by  C.  F.  W.  MuUer  (in 
the  Bihliotheca  Teuhneriana)  has  been  carefully  com- 
pared,  and  a  list  of  variants  from  that  edition  is  given  in 
the  appendix. 

§  40.    A  brief  notice  of  the  chief  manuscripts  and 

Evoiution  of  editions  is  interesting  as  showing  the  evolu- 

*®^**        tion  of  a  satisfactory  text  by  careful  work 

of  many  hands  from  very  corrupt  beginnings,   and  is 

typical  of  the  history  of  the  text  of  many  of  Cicero's 


Of  manuscripts  there  are  several,  two  good  ones,  the 

Manuscripts.  rest  classcd  as  deteriores  {dett.) 

(1)  The  oldest  is  T,  Codex  Tegernseensis  or  Bavaricus, 

now  Monacensis  (i.e.  of  Munich  Cod.  Lat. 

18787).      Originally  in   the   monastery  of 

Tegernsee  in  Bavaria,  it  was  taken  to  Munich,  whence  it 

disappeared  at  the  time  of  the  French  invasion  of  Bavaria; 

^  Lelimann  {Hermes  xiv.  p.  217) ;  Kraffert '  Beitr.  zur  Kritik '  iii. 
G.  ]or.  Aurich.  1883  ;  Karsten  Sjpicilegium  criticum.  Lugd.  1881  ; 
Madvig  Advers.  Crit.  iii.;  Weidner,  Dortmunder  Gym.  prog.    1885. 


iii  1853  it  was  rediscovered  by  Baiter,  who  bought  it  ia 
Paris  from  a  bookseller  who  had  received  it  from  Hungary. 
The  German  scholar  G.  C.  Harless  (Erlangen  177Q^)"first 
collated  it  before  its  disappearance,  and  communicated 
his  results  to  Garatoni,  librarian  of  the  Barberini  library 
at  Rome,  for  his  edition  of  the  Planciana,  published  at 
Bologna  in  1815.  It  has  been  newly  collated  for  this 
speech  by  Landgraf.  The  MS.  dates  from  the  eleventh 

§  41.  (2)  ^,  Codex  Erfurtensis  or  Thuringicus 
(Petri  Suffridi),  now  Berolinensis.  Formerly 
at  Erfurt,  then  in  the  possession  of  Peter 
SufFrid  of  Thuringen,  hence  Thuringicus,  afterwards  of 
Gruter  (Jan  Gruyt^re,  Heidelberg  1592),  who  by  its  aid 
corrected  several  passages  in  Cicero's  speeches.  Now  at 
Berlin,  hence  Berolinensis.  Collated  by  Graevius  (J.  G. 
Greffe,  Utrecht  1660)  rather  carelessly.  Wunder  made 
a  very  exact  study  of  it  and  devoted  a  special  work 
to  it.^ 

The  MS.  is  a  parchment,  large  folio,  written  in  double 
columns  in  a  clear  hand,  titles  and  initials  in  red,  with 
glosses  -  in  the  same  hand. 

^  Variae  lectiones  libr.  aliquot  M.  T.  Gic.  ex  Codice  Erfurtensi 
enotatae  ab  E.  Wunder,  Lipsiae  1827.  Wunder's  edition  is  accom- 
panied  by  a  lithographic  facsimile. 

^  A  gloss,  yXuaaa,  is  properly  a  strange  or  difficult  word,  and 
a  yXibaari/xa  was  the  explanation  of  it  written  over  the  word  or 
in  the  margin,  but  the  term  gloss  is  wrongly  applied  to  the  ex- 
planation  ;  it  should  be  called  a  '  glosseme.'  Early  grammarians 
made  lists  of  these  yXQcraai  or  unusual  words,  hence  our  word 



In  Suflfri(i's  time  there  were  298  pages,  but  95  of 
these  are  now  missing.  The  date  of  E  is  the  fifteenth  or 
sixteenth  century. 

^  is  a  corpus  of  Cicero's  works  drawn  from  very 
different  sources.  Thus  in  one  speech  it  may  go  back  to 
a  good  original,  in  another  to  a  corrupt  one.  In  the 
case  of  the  Planciana  T  and  E  seem  both  to  be  derived 
from  one  original,  which  must  have  been  itself  corrupt. 
It  seems  probable  that  in  the  niuth  or  tenth  century 
there  existed  a  current  recension  of  most  of  Cicero's 
works  into  which  readings  were  introduced  by  an  intelli- 
gent  critic;  where  then  we  have  no  good  MS.  to  appeal  to, 
conjecture  must  always  be  uncertain,  and  to  this  degree 
all  MSS.  of  Cicero  must  be  regarded  as  untrustworthy.i 

§  42.  Wuuder  ^  in  his  prolegomena  to  his  edition  of 
the  speech  mentions  forty  other  MSS.  of 
the  Flanciana,  which  can  be  classified  as 

They  are  of  very  little  use,  their  evidence  being  only 
worth  noting  where  T  and  E  disagree ;  they  are  for  the 
most  part  of  Italian  origin,  and  of  Italian  MSS.  Baiter 
said  interpolatis  codicibus  Italicis  nulla  fides  haheri  potest. 
Deteriores  may  roughly  be  divided  into 

(a)  Older  MSS.,  which  form  the  raw  material  out  of 
which  the  fifteenth-century  recension  was  made. 

^  Lehmann,  in  Clarke's  pro  Milone  p.  xlix. 

^  For  a  more  miniite  description  of  all  tlie  MSS.  of  the^ro  Plancio 
the  reader  is  referred  to  Wunder's  edition,  M.  T.  Cic.  Oratio  pro 
Cn.  Plancio  ad  optimam  codicum  Jidem  emendavit  P.  Wunder. 
Lipsiae,  sumptibus  C.  H.  F.  Hartmanni,  1830. 


(/3)  Later  MSS.,  practically  editions,  corrected  by  con- 
jecture,  and  by  borrowing  readings  from  the  German 

The  chief  deteriores  of  the  pro  Plancio  are 

Three  Monacenses  at  Munich.  To  one  of  these,  Sales- 
burgensis,  considerable  importance  has  been  attached, 
apparently  without  reason.^ 

Three  Laurentiani  at  Florence  in  the  library  attached 
to  the  church  of  San  Lorenzo ;  one  of  these,  Plut.^  48, 
number  18,  is  said  to  have  been  written  by  Petrarch.* 

Ten  Oxonienses. 

With  regard  to  the  Oxonienses  and  other  MSS.,  such  as 
the  Lamhiniani,^  it  suffices  to  quote  Wunder,  eorum  longe 
plurimae  ineptissimae  corruptelae  sunt.  All  of  them  date 
back  for  the  most  part  to  the  fifteenth  and  sixteenth 

§  43.  But    the    most    valuable    assistance    for    the 
criticism  of  the   text   is  derived   from  an      gchoiia 
ancient  commentary,  the  so-called  Scholia    So^iensia. 
Bohiensia,  pars  Vaticana  and  pars  Ambrosiana — a  body 

^  Cf.  Clarke  pro  Milone  Introd. 

2  Cf.  ibid. 

^  Manuscripts  are  usually  described  by  the  name  of  the  library 
in  which  they  are,  with  the  addition,  if  necessary,  of  the  book- 
shelf  {pluteus)  and  the  number.  Thus  Laurentianus  Plut.  48, 
num.  18. 

^  V.  Bandino  Catal.  cod.  MS.  bibl.  Med.  Laur.  vol.  ii.  pp.  443  foll. 

^  i.e.  codices  which  at  one  time  belonged  to  Lambinus,  who 
used  them  in  his  edition  of  Cicero.  Dionysius  Lambinus  =  Denis 
Lambini  (1520-1572)  worked  in  Italy  and  Paris,  where  he  was 
professor  at  the  College  de  France. 


of  scholia  ^  of  different  dates  and  different  authority,  but 
put  together,  as  all  scholars  agree,  in  the  fourth  and  fifth 

These  notes  derive  their  name  Bobiensia  from  the 
monastery  of  St.  Columba  at  Bobio,  whence  they  were 
taken  to  Milan  and  placed  in  the  Ambrosian  library 
there  about  800 ;  but,  probably  prior  to  their  removal,^ 
the  parchment  vras  scraped  and  cleaned  to  receive  a  copy 
of  a  Latin  record  of  the  acts  of  the  Council  of  Chalcedon  : 
similarly  the  Ambrosian  MS.  of  Plautus  was  rewritten 
with  the  Vulgate  of  the  second  book  of  Kings.  Just  as 
in  classical  times  scarcity  of  writing  material  frequently 
caused  parchment  to  be  used  again,  cf  Catullus  xxii.  5 
perscripta,  nec  sicut  fit  in  palimpsesto  relata,  so  in  the 
Middle  Ages  parchment  and  papyrus  were  rewritten 
after  the  ink  had  been  as  far  as  possible  erased.  Most 
of  the  codices  rescripti,  palimpsesti  ^  date  from  seventh 
to  ninth  century.     But  as  the  ink  *  used  was  frequently 

^  A  scholium,  Greek  (rxoXtoi',  connected  with  axoK-fj  in  sense  of 
'  that  which  is  done  in  spare  time,  a  dissertation,'  properly  means  an 
interpretation,  explanation,  and  is  applied  to  the  mass  of  notes 
coUected  by  early  scholars  on  the  classical  authors  ;  such  '  scholiasts ' 
were  sometimes  well  known,  e.g.  Servius,  the  commentator  on 
Vergil  in  the  fourth  century :  but  more  frequently  the  scholia 
represent  accumulated  notes  of  several  generations  of  critics.  Cf, 
Miiller  Handhuch  i.  p.  36. 

2  Most  palimpsests  were  rewritten  in  seventh  to  niuth  century. 

^  iraKlfi\pri(jTOL,  scraped  dgain,  iraKiv,  xpdu}. 

^  'The  ink  of  the  ancients,  t6  fiiXav,  atramentum,  in  general 
retained  its  colour  most  remarkably.  For  writing  on  papyrus 
lampblack  ink  {russ-dinte)  was.  used,  a  mixture  of  lampblack  and 
gum-arabic  in  solution  with  water.     According  to  Dioscorides  {de 


of  a  metallic  nature,  neither  washing  nor  scraping 
could  obliterate  it  entirely ;  and  by  the  application  of 
various  chemical  reagents,  especially  hydro-sulphurate  of 
ammonia,!  ^he  writing  can  be  made  visible  again,  some- 
times  permanently,  sometimes  only  temporarily ;  photo- 
graphy  too  has  been  of  great  service  in  deciphering 

The  text  of  these  Scholia  Bobiensia  is  in  two  parts, 
pars  A^nhrosiana  from  Tusculanos  in  §  23  to  the  end  of 

'inat.  med.  5.  182)  it  was  composed  of  three  parts  lampblack 
(Xi^z/i)?  eK  dadiojv)  to  one  of  KOfifjLi :  Demosthenes  in  de  Cor. 
mentions  the  rubbing  of  ink  (§  258  rb  ixikav  Tpl^wv).  .  The  fluid  of 
the  cuttlefish  {Sepia)  was  also  used,  but  is  not  mentioned  until  the 
Roman  period.  Both  of  these  kinds  of  ink  could  be  washed 
entirely  out,  and  a  sponge  is  frequently  mentioned  as  a  necessary 
part  of  writing  apparatus  ;  cf.  the  witticism  of  Augustus  (Suet. 
Aug.  89)  about  his  unfinished  tragedy,  Ajacem  suum  in  spongeam 
incubuisse.  In  the  case,  however,  of  the  Berlin  fragment  of 
'Adrjvaiwv  TroXireia  a  good  deal  of  illegible  writing  on  the  papyrus 
was  made  legible  by  means  of  a  very  light  sort  of  varnish.  For 
parchment  lampblack  ink  was  unsatisfactory,  and  a  ferrugineous 
gall-apple  ink  was  adopted,  first  mentioned  by  Martianus  Capella 
(a.d.  425)  as  gallorum  gutnmeosque  commixtio.  In  the  Middle 
Ages  vitriol  ink  was  made  by  adding  vitriol  to  the  gall-apple  ink. 
In  preparing  this  the  mixture  was  heated  in  some  way  or  another, 
and  was  called  in  consequence  ^yKavarov,  Latin  incaustum,  Italian 
inchiostro,  French  encre,  Dutch  inkt,  English  ink.  In  addition 
to  these  black  inks  the  Egyptians,  and  after  them  the  Greeks  and 
Romans,  used  a  red  ink  usually  of  cinnabar  {Kivvd^api),  or  red- 
lead  {minium)  ;  this  was  especially  used  for  titles,  hence  rubrica, 
a  red  title  of  a  law,  then  the  law  itself,  Pers.  v.  90 '  (Mtiller 
Ilandhuch  i.  p.  179). 

^  The  commonest  reagent  in  former  times  was  tincture  of  gall ;  as 
this,  however,  turns  the  whole  parchment  black,  it  is  unsatisfactory. 


the  commentary,  and  pars  Vaticana  containing  com- 
mentary  on  §§  1-22  to  word  adversus ;  the  pars 
Ambrosiana  was  discoyered  by  Cardinal  Angelo  Mai,  the 
discoverer  of  most  of  the  classical  palimpsests,  in  the 
Ambrosian  Library  at  Milan  in  1814,  and  the  pars 
Vaticana  in  the  Vatican  Library  at  Rome  somewhat 
later;  both  parts  were  published  by  him  in  1817.  Un- 
fortunately  the  text  of  this  coUection  of  Scholia  is  very 
fragmentary  and  corrupt,  but  it  has  been  of  great  service 
in  deciding  the  reading  in  §§  20,  53,  and  58. 

The  best  edition  is  that  of  Orelli  in  Edit.  Tur.  Schol. 
pars  ii.  pp.  252  sq.,  1833. 

§  44.  The  Planciana  was  very  little  studied  in  the 
Middle  Ages  even  in  the  Renaissance  times,  and  never 
attained  to  the  popularity  of  such  speeches  as  the  p/ro 
Marcello  and  the  pro  Archia.  But  this  fate  it  shared  in 
common  with  many  other  speeches.  Niebuhr  says  even 
Dante — as  far  as  we  can  judge  from  his  works — only 
knew  Cicero  in  his  works  de  Finihus,  Laelius,  Cato  maior, 
de  Officiis  and  de  Inventione.  Of  Cicero's  speeches  in  the 
twelfth  and  thirteenth  centuries  only  the  Catilinarian, 
Philippics,  part  of  the  Yerrines,  and  the  de  lege  Manilia 
were  read.  But  when  once  the  Planciana  came  into 
notice  it  was  studied  very  carefully  indeed,  especially  the 
text  of  it,  and  in  the  end  of  the  eighteenth  and  beginning 
of  the  nineteenth  centuries  there  is  hardly  any  Ciceronian 
speech  on  which  so  much  labour  has  been  expended  by 
eminent  textual  critics ;  e.g.  both  Garatoni  and  Orelli 
published  separate  works  on  the  speech  in  addition  to 
their  editions  of  Cicero's  whole  works. 


§  45.  The  pro  Plancio  was  first  printed  at  Rome  in 
1471  in  the  Ciceronis  Orationes  of  Sweynheym  and 

In  1498  the  Uditio  Frinceps'^  of  Cicero's  whole 
works  appeared,  a  reimpression  by  Minutianus  of  the 
previous  editions  of  separate  works;  for  this  no  MSS. 
were  consulted  (Dibdin  Introd.  p.  390).  It  was  also 
printed  by  Junta  at  A^enice  in  1534,  under  the  super- 
vision  of  P.  Victorius.  The  Aldine  edition  (Aldus 
Manutius)  did  not  come  out  till  1540,  the  text  carefully 
revised  and  annotated  by  Paulus  Manutius.  Under  the 
hands  of  various  scholars,  such  as  Lambinus,  Graevius 
(Greflfe,  Utrecht,  1700),  Ernesti,  all  of  whom  edited 
Cicero's  works,  a  vast  amount  of  notes,  critical  and 
exegetical,  was  accumulated,  and  these  are  the  scholars 

^  Wlien,  about  1450,  printers  from  Germany  began  to  settle  in 
Rome,  Florence,  Venice  and  elsewhere,  classical  and  theological 
works  were  printed  in  considerable  numbers.  One  of  tlie  most 
noted  firms,  the  Manuzzi  in  Venice,  founded  by  Aldus  Manutius 
(hence  Aldine  editions),  published  no  less  than  twenty-eight  first 
editions  of  the  classics  ;  these  editiones  principes  or  incunahula 
were  usually  brought  out  by  some  eminent  scholar,  who  might  be, 
as  in  the  case  of  Paolo  Manuzzio  (Paulus  Manutius,  vide  §  45),  the 
publisher  himself.  Their  value  varies  considerably  in  accordance 
with  the  MS3.  on  which  the  editor  based  his  edition  ;  in  cases 
where  he  had  access  to  a  good  MS.  now  lost,  they  are  of  course 
extremely  valuable.  Sometimes  an  editio  princeps  is  the  only 
source  of  a  text ;  thus  we  have  no  MS.  of  Velleius  Paterculus,  the 
codex  Murbacensis,  the  only  one  existing  at  the  beginning  of  the 
sixteenth  century,  having  been  lost  ;  we  possess  only  the  editio 
priiiceps  printed  from  it  in  1520  by  Beatus  Rhenanus  (Bikle  v. 


for  the  most  part  who  are  referred  to  as  varii  in  the 
description  of  so  many  editions,  ^  cum  notis  variorum.' 
For  further  details  the  reader  is  referred  to  the  list  of 
editions  below,  §  46. 

The  Planciana  itself  has  been  edited  singly  by 
Garatoni  1815,  Orelli  1825,  who  reprinted  Garatoni's 
commeutary,  improved  the  text,  and  added  notes  of  his 
own;  by  Wiinder  in  1830,  a  monumental  work,  the 
MSS.  very  carefuUy  discussed,  many  original  notes  and 
a  judicious  selection  of  those  of  Manutius,  Lambinus, 
Graevius,  Ernesti  etc.  In  1873  Kopke  brought  out  a 
German  edition  for  schools,  since  re-edited  and  improved 
by  Dr.  Landgrafin  1888. 

§  46.  Summary 

MosT  Impoetant  Editions  of  all  or  most  of  Cicero's 




Where  published. 

1471.     Editio  princeps.         Rome. 


f  Editio  princeps  of" 


■1        Cicero's   whole 

l       works. 




P.  Manutius. 








rOaratoni  and 

\     Graevius.           J 










The  Orations  only, 
Sweynheym  and 

The  Juntine  edition. 
The  Aldine  edition. 

Not  finished. 



Date.  Name. 



■{  Baiter. 

l  Halm. 
1869.  iKaper. 
1878  /E^erhard. 
'  l  Hirschfelder. 

Where  published. 

y  Zurich. 

|-  Leipsic. 
!-  Leipsic. 

XIX    orationes    in 
usum  scholarum. 

Editions  of  the  pro  Plancio 


F.  Sylvius. 


rCurae    secunda^    ad 
M.     T.     Ciceronis 




orationem  pro  Cn. 
Plancio  ex  optimo 
^     codice  Bavarico. 







Erlangen.     J 

'  Ohservationes  criticae 



in     Cic.     or.     pro 
^     Plancio. 





Third  Edition,  1888. 




Third  Edition,  1891. 





5§l-4  Exordium. — Cicero,  whilst  complaining  on  the  one 
hand  that  his  enemies  were  taking  the  part  of 
Laterensis  against  his  client  and  himself  in  this  trial, 

2  because  Plancius  had  befriended  him  after  his  exile, 
at  the  same  time  expresses  his  joy  at  seeing  no  one  in 

3  the  jury  who  has  not  a  warm  sympathy  for  himself 
and  Plancius.  However,  it  is  not  because  of  his 
services  to  Cicero  that  Plancius  is  to  be  acquitted,  but 
because  his  innocence  will  be  proved,  and  only  after 
proof  has  been  given  will  the  speaker  appeal  to  -the 

4  jury  to  acquit  his  client.  The  defence  presents  many 
difficulties,  as  Cicero  is  compelled  to  defend  not  only 
Plancius  but  himself  by  the  line  which  his  opponents 
have  taken  of  attacking  him  indirectly  through 
Plancius,  and  trying  to  show  that  the  services  rendered 
by  the  latter  have  been  overstated  and  exaggerated. 
That  this  is  untrue  Cicero  hopes  to  show,  and  at  the 
same  time  he  points  out  to  the  jury  that  the  services 
of  Plancius  ought  to  have  considerable  weight  with 
them  in  making  their  verdict. 

5  Laterensis  has  no  right  to  complain  that  in  the  election 

of  aediles  he  has  been  passed  over  and  Plancius 
elected  ;  for  the  people  neither  criticise  nor  condenm 
in  their  elections,  but  follow  their  caprice  ;  without 
maintaining  in  the  least  that  Laterensis  is  inferior  to 
Plancius  or  any  other  candidate,  yet,  Cicero  believes, 
Laterensis  has  no  right  to  blame  the  people  for  their 
choice,  he  must  abide  by  their  decision. 
5-11  For,  firstly,  the  choice  of  the  people  in  the  elections 
depends  not  on  judgment  but  caprice,  and  we  must 
acquiesce  in  their  choice. 


12-13  The  reasons  for  the  action  of  the  people  in  passing  over 
Laterensis  are  explained  :  ho  had  been  reuiiss  in  his 
canvassing,  and  was  absent  from  Rome  at  the  timc 
when  his  presence  was  imperatively  necessary  ;  he  had 
also  retired  from  his  candidature  for  the  tribunate  in 
the  preceding  year. 

14-16  The  question  the  jury  have  to  consider  is  not  wJiy  a 
man  has  been  elected,  but  whether  it  has  been  owing 
to  largitio,  bribery,  for  the  electors  are  free  agents,  and 
to  introduce  a  system  of  weighiug  a  man's  rights  or 
pretensions  to  otfice  would  be  contrary  to  the  spirit  of 
the  constitution. 

17-19  A  comparison  of  the  personal  merits  of  Plancius  and 
Laterensis  would  be  out  of  place,  yet  perhaps  the 
people  were  justified  in  choosing  Plancius  ;  for  if 
Laterensis  maintains  that  his  opponent  owed  his 
election  to  his  high  rank,  he  might  make  the  samc 
complaint  against  Plotius  and  Pedius,  the  other 
candidates,  who  were  also  sons  of  Roman  knights. 
Some  there  must  have  been  who  valued  Laterensis' 
high  rank,  but  the  number  of  those  who  thought 
otherwise  was  larger,  and  we  must  rest  content  with  the 
fact  that  it  is  so, 

19-21  Plancius  was  supported  by  his  fellow-burgesses,  his 
neighbours,  and  the  whole  population  of  his  native 
district,  the  prefecture  Atina  ;  whilst  the  municipium 
of  Tusculum,  where  Laterensis'  family  had  long  been 
highly  respected,  never  stirred  a  finger  on  his  behalf. 

22-24  The  fact,  too,  that  Plancius'  father  had  been  a  leading 
member  of  a  tax-farming  corporation  {puhlicanorum 
societas)  had  materially  assisted  his  canvass. 

25-26  Some  influence,  too,  in  Plancius'  favour  had  been  exer- 
cised  by  Cicero  himself,  who,  he  states,  had  done  his 
utmost  for  him  out  of  gratitude  for  his  inestimable 
kindness  to  him  during  his  exile. 

27-28  Plancius'  personal  character  and  general  worth  made  him 
a  fitting  recipient  of  the  office  of  aedile  ;  as  a  youth 
he  had  gone  to  Africa  with  Aulus  Torquatus,  who 
valued  him  highly  ;  under  Qu.  Metellus  in  Crete  he 
served  with  distinction  ;  in  Macedonia  he  was  military 
tribune  and  then  quaestor,  when  he  won  golden 
opinions,  not  only  from  all  the  provincials,  but  also 
from  his  praetor  Appuleius.  In  his  private  life,  too, 
in  his  dealingswith  his  kinsfolk,  he  has  always  shown 
himself  a  man  of  virtue  and  inte^irritv. 


29-35  Laterensis  has  cast  certain  aspersions  on  Plancius'  char- 
acter.  These,  Cicero  shows,  are  either  (1)  untrue,  or  (2) 
mere  distortions  of  facts  really  creditable  to  Plancius. 
It  has  been  urged  that  the  character  of  Plancius'  father 
ought  to  have  been  a  hindranee  to  his  son's  election ; 
the  reverse  was  the  case.  The  elder  Plancius  is  a 
well-known  Roman  knight,  distinguished  as  a  soldier, 
judge,  and  director  of  several  of  the  great  tax-farming 
companies.  He  may  at  times  have  expressed  him- 
self  rather  freely  on  political  matters,  but  that  has 
always  been,  as  it  were,  a  privilege  of  the  knights,  and 
implies  no  malice  or  dishonesty. 

36-48  Laterensis'  object  in  accusing  Plancius  under  the  lex 
Licinia  de  sodaliciis  (illegal  combinations)  was  that  he 
might  be  enabled  to  choose  a  jury  suitable  to  his 
interests  ;  in  this  case  he  only  deals  with  circumstances 
which  come  under  the  head  of  ambitus,  not  the 
special  provisions  of  the  lex  Licinia.  Moreover,  he 
has  transgressed  the  spirit  of  the  law  in  not  choosing 
jurymen  from  the  members  of  the  tribes  whom  he 
maintains  without  proof  may  have  been  bribed. 
Cicero  shows  that  the  Licinian  law  is  inapplicable  here, 
and  challenges  his  opponent  to  show  any  violation  of 
the  laws  of  sodalicium,  e.g.  decuriatio,  or  buying  votes. 
Plancius  had  merely  availed  himself  of  the  ordinary 
method  of  gaining  the  goodwill  of  his  fellow- 

49-50  Plancius  was  as  good  as  elected  to  the  aedileship  in  the 
preceding  year,  when  the  elections  were  postponed. 
Even  supposing  he  had  wished  to  employ  bribery,  it 
would  have  been  impossible  owing  to  the  short  notice 
given  of  the  comitia.  All  the  same,  if  Laterensis  had 
exerted  himself  to  win  popularity  he  might  have 
gained  several  votes. 

51-52  Laterensis  need  not  consider  that  he  has  disgraced  his 
name  and  his  ancestry  by  this  repulse,  for  (1)  similar 
cases  have  often  occurred  before  where  the  people  have 
passed  over  men  in  the  election  to  less  important 
offices  and  yet  have  entrusted  them  with  the  higher 
honours  of  the  State  ;  Laterensis'  career  is  not  neces- 
sarily  spoilt.  (2)  Laterensis  made  a  serious  mistake 
in  retiring  from  his  canvass  for  the  tribuneship  in  the 
consulate  of  Caesar  and  Bibulus,  for  this  showed  a  too 
independent  spirit  to  please  the  people. 

53-55  The  charge  of  illegal  coalition  {coitio)  against  Plancius 


is  quite  groundless.  He  did  not  conibine  with  another 
candidate  to  deliberately  prevent  the  election  of  a  third 
caudidate.  Laterensis  is  wrong  in  stating  that  the 
equality  of  votes  for  Plancius  and  Plotius  implies 
bribery  of  the  electors ;  they.  could  not  have  been 
elected  if  they  had  not  both  had  a  majority.  More- 
over,  the  Romans  of  old  time  would  never  have 
ordained  that  the  election  should,  if  necessary,  be 
determined  by  lot  had  they  not  foreseen  that  equality 
of  votes  was  possible.  Laterensis  maintains  that  at 
the  first  election  Plotius  had  promised  him  the  assist- 
ance  of  the  Aniene  tribe,  Plancius  that  of  the 
Terentine,  but  at  the  second  election  they  had  robbed 
him  of  their  support  by  bribery.  This  assertion  is 
inconsistent,  for  why  should  Plancius  in  the  second 
election,  when  he  knew  that  he  had  the  confidence  of 
the  people,  have  grudged  giving  away  the  support  of 
the  tribes  which  was  now  no  longer  needful  to 
him  ?  Why,  too,  did  not  Laterensis  charge  Plotius 
just  as  much  as  Plancius  ? 

55-58  What  Laterensis  has  alleged  about  the  sum  of  mouey 
discovered  in  the  Circus  Flaminius,  that  it  was  to 
have  beeu  used  for  bribes,  could  not  be  proved.  The 
suspected  divisor  was  brought  before  the  consul  and 
maintained  his  innocence.  Laterensis  can  bring 
forward  no  facts ;  his  proofs  are  unsound  ;  he  wishes 
to  use  his  superior  influence  to  crush  Plancius,  who 
has  unfortunately  many  opponents  both  in  public 
and  private  life.  Cicero  appeals  to  the  jury  not  to 
allow  themselves  to  be  prejudiced  by  idle  rumours 
about  the  defendant. 

58-62  Cassius  has  asserted  that  Laterensis  deserved  to  be  pre- 
ferred  to  Plancius  because  he  was  of  noble  birth. 
Cicero  replies  that  at  Rome  the  road  to  oflBce  is  open 
to  every  citizen  ;  the  only  circumstauce  which  makes 
one  man  preferable  to  another  in  such  matters  is  the 
distinction  with  which  he  has  fulfilled  the  duties  of 
those  offices.  '  Has  Plancius  any  brilliant  military 
exploits  to  bring  forward  on  his  own  behalf  ?  has  he 
distinguished  himself  as  an  orator  or  lawyer  in  such 
a  way  as  to  deserve  to  be  preferred  to  Laterensis?' 
No ;  he  certainly  served  honourably  andconscientiously 
in  Crete  and  Macedonia  as  any  Roman  would  ;  dis- 
tinction  in  oratory,  legal  knowledge,  or  erudition 
generally  he  does  not  claim  ;  besides,  it  is  not  such 


qualities  which  fit  a  man  for  office,  but  integrity, 
common  sense,  and  a  blameless  character. 

63-67  Amongst  Laterensis'  claims  to  public  favour,  Cassius  has 
mentioned  that  he  gave  games  at  Praeneste  ;  but  that 
was  the  usual  thing  for  a  quaestor  to  do,  If,  however, 
emphasis  is  laid  on  the  fact  that  at  Cyrene  Laterensis 
behaved  with  great  liberality  and  fairness  towards  the 
publicani  and  others,  the  jury  should  remember  how 
little  is  known  in  Rome  of  provincial  affairs.  Of  this 
Cicero  cites  an  instance  from  his  ovm.  public  life,  at 
the  same  time  showing  how  his  experience  taught  him 
a  lesson  which  Laterensis  ought  to  have  learned  too 
— that  to  attain  to  office  he  must  do  his  utmost  to 
gain  popularity  at  Rome. 

68-71  Further,  Cassius  has  asserted  that  Plancius'  services  to 
Cicero  have  been  grossly  exaggerated.  Cicero  owes 
no  more  to  Plancius  than  to  any  other  true  patriot. 
Cicero  admits  that  he  is  under  an  obligation  to  all 
patriots,  but  in  the  case  of  others  circumstances  have 
not  arisen  which  facilitate  the  discharge  of  the  obliga- 
tion  ;  however,  in  Plancius'  case  such  an  opportunity 
has  presented  itself.  Although  many  men  who 
merited  Cicero's  gratitude  have  been  condemned  in 
the  law-courts,  that  is  no  argument  to  prevent  Cicero 
giving  him  all  the  help  he  can  in  this  case.  Cicero 
adds  that  his  own  dangers  had  not  been  exaggerated 
in  order  to  magnify  Plancius'  merits  ;  it  was  the  con- 
tinued  implacable  enmity  of  Cicero's  detractors  which 
made  the  magnanimity  of  his  friend  Plancius  all  the 
more  conspicuous. 

71-74  Cicero — so  Laterensis  maintained — had  invented  these 
obligations  to  Plancius  merely  to  suit  the  occasion, 
but,  says  Cicero,  (1)  is  this  likely?  Men  usually 
conceal  rather  than  make  much  of  obligations  ;  (2) 
Laterensis  had  himself  asked  Cicero  to  do  his  best 
for  Plancius ;  and  (3)  two  years  ago  Cicero,  at  a 
time  when  there  could  be  no  question  of  temporis- 
ing,  in  his  speech  before  the  senate  had  specially 
mentioned  Plancius  as  one  of  his  most  zealous  sup- 

75-76  Laterensis  has  chosen  to  mention  Cicero's  defence  of 
Cispius,  in  which  he  says  all  his  pathetic  and  tearful 
appeals  were  of  no  avail  to  gain  an  acquittal.  Cicero 
shows  that  it  was  at  Laterensis'  special  request  that 
he  undertook   Cispius'  defence,  and  that  Laterensis 


himself  at  the  tirae  admitted  that  the  jury  were 
alfected  by  his  speech. 

77-82  According  to  the  assertion  of  Laterensis,  Plancius  in  his 
tribunate  has  been  shown  far  less  actively  zealous  on 
Cicero's  behalf  than  L.  Racilius ;  Cicero's  obligations  to 
Plancius  are  exaggerated.  Cicero  answers — even  sup- 
posing  Plancius  had  been  less  active  in  his  support, 
that  is  no  proof  that  it  was  from  want  of  willingness, 
but  merely  that  he,  Cicero,  must  at  sorae  time  repay 
the  services  of  Racilius.  The  senate  had  chosen  out 
Plancius  to  thank  on  Cicero's  behalf,  how  could  he 
therefore  avoid  seconding  those  thanks  in  the  most 
substantial  raanner  at  the  first  opportunity  ?  Such  an 
opportunity  is  now  present,  as  Plancius  is  in  a  dangerous 
position.  Cicero  repudiates  as  false  Laterensis'  state- 
ment  that  he  only  gives  his  services  to  those  of  his 
friends  who  are  litigious :  he  is  always  ready  to  give 
his  friends  professional  assistance,  but  would  prefer 
that  they  should  live  in  undisturbed  quiet  and  never 
need  his  help. 

83-85  Cicero,  partly  ironically,  partly  in  earnest,  rebuts  three 
petty  charges  of  Laterensis  against  his  personal 
character — that  he  is  too  much  given  to  pathos  in  his 
speeches,  that  he  will  only  defend  not  prosecute  in  a 
case,  that  his  witticisms  are  stale  and  out  of  place. 

86-90  To  Laterensis'  charge  of  cowardice,  that  it  was  fear  of 
death  which  caused  Cicero  to  go  into  exile,  when 
really  the  danger  was  not  so  great  or  his  position  so 
desperate,  Cicero  replies  that  he  retired  because  he 
did  not  wish  to  embroil  the  State  in  civil  war  and 
involve  his  friends  in  his  own  misfortunes.  Death 
he  had  never  feared,  but  he  did  not  wish  to  deprive 
the  State  of  his  support,  or  the  opportunity  of  showing 
such  gratitude  as  might  be  an  example  to  posterity. 

90-94  In  answer  to  the  assertion  of  Laterensis  that  Cicero  had 
sacrificed  his  independence  by  his  flattery  of  Pomp^ey 
and  Caesar,  he  replies  that  he  had  always  given  his 
best  services  to  the  Republic,  but  by  various  channels 
and  in  varied  spheres  of  activity ;  still  he  was  compelled 
to  have  sorae  little  regard  for  his  own  safety,  and  he 
has  changed  his  political  views  only  because  that  was 
the  way  by  which  he  could  best  further  the  State's 
welfare :  a  politician  must  always  move  with  the 

94-100  Finally,  Cicero  maintains  emphatically  that  Plancius' 


services  were  really  such  as  to  demand  from  Cicero 
that  he  should  do  his  very  best  to  requite  them  ;  he 
gives  a  vivid  picture  of  the  pitiable  friendless  position 
he  was  in  when  Plancius  welcomed  him  in  Macedonia. 
Both  the  dangers  and  the  services  were  real,  and  it 
was  right  that  Cicero's  requital  of  them  in  this  defence 
should  be  real  also, 
101-4  Peroration. — In  the  peroration  Cicero  appeals  to  the  jury 
andto  C.  Flavius,  the  presidingjudge,  very  pathetically 
not  to  send  that  Roman  into  exile  who  had  been  in- 
strumental  in  preserving  the  life  of  one  of  Rome's 
greatest  citizens — Cicero. 


§§  1-4.  Many  of  my  enemies  are  supjporting  this  cliarge  against 
Plancius  inerely  hecaiise  of  his  kindness  to  me  during  my 
exile ;  they  ivish  to  strike  at  me  through  Plancius ;  con- 
sequently,  in  vindicating  my  clienfs  innocence  I  shall  be 
compelled  to  say  a  good  dcal  in  justification  of  my  oum 

CuM  propter  egregiam  et  singularem  Cn.  Plancii,  iudices,  1 
in  mea  salute  custodienda  fidem  tam  multos  et  bonos 
viros  eius  honori  viderem  esse  fautores,  capiebam  animo 
non  mediocrem  voluptatem,   quod   cuius   officium   mihi 

5  saluti  fuisset,  ei  meorum  temporum  memoriam  suffragari 
videbam.  Cum  autem  audirem  meos  partim  inimicos, 
partim  invidos  huic  accusationi  esse  fautores  eandemque 
rem  adversariam  esse  in  iudicio  Cn.  Plancio,  quae  in 
petitione   fuisset   adiutrix,    dolebam,   iudices,   et   acerbe 

lo  ferebam,  si  huius  salus  ob  eam  ipsam  causam  esset  in- 
festior,  quod  is  meam  salutem  atque  vitam  sua  benivolentia 
praesidio    custodiaque    texisset.      Nunc    autem    vester,  2 
iudices,   conspectus   et   consessus   iste  reficit  et  recreat 
!5  B 

2  M.  TULLI  CICERONIS  §  3 

mentem  meam,  cum  intueor  et  contemplor  unum  quemque 
vestrum.  Video  enim  hoc  in  numero  neminem,  cui  mea 
salus  non  cara  fuerit,  cuius  non  exstet  in  me  summum 
meritum,  cui  non  sim  obstrictus  memoria  beneficii  sempi- 
terna.  Itaque  non  extimesco,  ne  Cn.  Plancio  custodia  5 
meae  salutis  apud  eos  obsit,  qui  me  ipsi  maxime  salvum 
videre  voluerunt,  saepiusque,  iudices,  mihi  venit  in 
mentem  admirandum  esse  M.  Laterensem,  hominem 
studiosissimum  et  dignitatis  et  salutis  meae,  reum  sibi 
hunc  potissimum  delegisse,  quam  metuendum,  ne  vobis  10 

3  id  ille  magna  ratione  fecisse  videatur.  Quamquam  mihi 
non  sumo  tantum  neque  adrogo,  iudices,  ut  Cn.  Plancium 
suis  erga  me  meritis  impunitatem  consecutum  putem. 
Nisi  eius  integerrimam  vitam,  modestissimos  mores, 
summam  fidem,  continentiam,  pietatem,  innocentiam  15 
ostendero,  nihil  de  poena  recusabo :  sin  omnia  praestitero, 
quae  sunt  a  bonis  viris  exspectanda,  petam,  iudices,  a 
vobis,  ut  cuius  misericordia  salus  mea  custodita  sit,  ei 
vos  vestram  misericordiam  me  deprecante  tribuatis. 
Equidem  ad  reliquos  labores,  quos  in  hac  causa  maiores  20 
suscipio  quam  in  ceteris,  etiam  hanc  molestiam  adsumo, 
quod  mihi  non  solum  pro  Cn.  Plancio  dicendum  est, 
cuius  ego  salutem  non  secus  ac  meam  tueri  debeo,  sed 
etiam  pro  me  ipso,  de  quo  accusatores  plura  paene  quam 

4  de  re  reoque  dixerunt.  II.  Quamquam,  iudices,  si  quid  25 
est  in  me  ipso  ita  reprehensum,  ut  id  ab  hoc  seiunctum 
sit,  non  me  id  magnopere  conturbat :  non  enim  timeo, 
ne,  quia  perraro  grati  homines  reperiantur,  idcirco,  cum 
rae  nimium  gratum  illi  esse  dicant,  id  mihi  criminosum 
esse  possit.     Quae  vero  ita  sunt  agitata  ab  illis,  ut  aut  30 


merita  Cn.  Plancii  erga  me  minora  esse  dicerent  quam  a 
me  ipso  praedicarentur,  aut  si  essent  summa,  negarent  ea 
tamen  ita  magui,  ut  ego  putarem,  ponderis  apud  vos  esse 
debere  :  haec  mihi  sunt  tractanda,  iudices,  et  modice,  ne 
5  quid  ipse  ofFendam,  et  tum  denique,  cum  respondero 
criminibus,  ne  non  tam  innocentia  reus  sua  quam  recorda- 
tione  meorum  temporum  defensus  esse  videatur. 

§§  5-35.  My  opponent  almost  compels  me  to  make  a  comparison 
hetiveen  himself  and  my  client ;  hut  the  case  ought  not  to 
have  heen  made  a  personal  question.  Laterensis  has  no  right 
to  complain  that  Flancius  was  preferred  to  him  ;  for  (§§  5-11) 
the  people,  in  electing  to  state  ojffices,  does  not  judge  ;  and  if, 
as  is  often  the  case,  it  folloivs  its  own  ca^mce,  we  must  put 
up  with  it. 

Sed  mihi  in  causa  facili  atque  explicata  perdifficilis,  5 
iudices,  et  lubrica  defensionis  ratio  proponitur.     Nam,  si 

lo  tantum  modo  mihi  necesse  esset  contra  Laterensem  dicere, 
tamen  id  ipsum  esset  in  tanto  usu  nostro  tantaque  amicitia 
molestum.  Vetus  est  enim  lex  illa  iustae  veraeque 
amicitiae,  quae  mihi  cum  illo  iam  diu  est,  ut  idem  amici 
semper  velint :  neque  est  ullum  amicitiae  certius  vinculum 

15  quam  consensus  et  societas  consiliorum  et  voluntatum. 
Mihi  autem  non  id  est  in  hac  re  molestissimum,  contra 
illum  dicere,  sed  multo  illud  magis,  quod  in  ea  causa 
contra  dicendum  est,  in  qua  quaedam  hominum  ipsorum 
videtur  facienda  esse  contentio.     Quaerit  enim  Laterensis  6 

2o  atque  hoc  uno  maxime  urget,  qua  se  virtute,  qua  laude 
Plancius,  qua  dignitate  superarit.  Ita,  si  cedo  illius 
ornamentis,  quae  multa  et  magna  sunt,  non  solum  huius 
dignitatis    iactura    facienda   est,    sed    etiam    largitionis 


i  M.  TULLI  CICERONIS  §  7 

recipienda  suspicio  est :  sin  hunc  illi  antepono,  contume- 
liosa  habenda  est  oratio,  et  dicendum  est  id,  quod  ille  me 
flagitat,  Laterensem  a  Plancio  dignitate  esse  superatum. 
Ita  aut  amicissimi  hominis  existimatio  ofFendenda  est,  si 
illam  accusationis  condicionem  sequar,  aut  optime  de  me  5 
meriti  salus  deserenda. 

III.  Sed  ego,  Laterensis,  caecum  me  et  praecipitem 
ferri  confitear  in  causa,  si  aut  te  a  Plancio  aut  a  te  illum 
dignitate  potuisse  superari  dixero.  Itaque  discedam  ab 
ea  contentione,  ad  quam  tu  me  vocas,  et  veniam  ad  illam,  10 

7  ad  quam  me  causa  ipsa  deducit.  Quid  1  tu  magistratuum 
dignitatis  iudicem  putas  esse  populum?  Fortasse  non- 
nunquam  est.  Utinam  vero  semper  esset !  Sed  est 
perraro,  et  si  quando  est,  in  iis  magistratibus  est  man- 
dandis,  quibus  salutem  suam  committi  putat  :  his  15 
levioribus  comitiis  diligentia  et  gratia  petitorum  honos 
paritur,  non  iis  ornamentis,  quae  esse  in  te  videmus. 
Nam  quod  ad  populum  pertinet,  semper  dignitatis  iniquus 
iudex  est,  qui  aut  invidet  aut  favet :  quamquam  nihil 
potes  in  te,  Laterensis,  constituere,  quod  sit  proprium  20 

8  laudis  tuae,  quin  id  tibi  sit  commune  cum  Plancio.  Sed 
hoc  totum  agetur  alio  loco  :  nunc  tantum  disputo  de  iure 
populi,  qui  et  potest  et  solet  nonnunquam  dignos  prae- 
terire,  nec  si  a  populo  praeteritus  est,  quem  non  oportuit, 

a  iudicibus  condemnandus  est,  qui  praeteritus  non  est.  25 
Nam  si  ita  esset,  quod  patres  apud  maiores  nostros 
tenere  non  potuerunt,  ut  reprehensores  essent  comitiorum, 
id  haberent  iudices,  vel  quod  multo  etiam  minus  esset 
ferendum.  Tum  enim  magistratum  non  gerebat  is,  qui 
ceperat,  si  patres  auctores  non  erant  facti :  nunc  postu-  30 

§  10  PRO  CN.  PLANCIO  ORATIO  5 

latur  a  vobis,  ut  eius  exitio,  qui  creatus  sit,  iudicium 
populi  Roniani  reprehendatis. 

Itaque  quoniam   qua  nolui  ianua  sum  ingressus  in 
causam,  sperare  videor  tantum  afuturam  esse  orationem 

5  meam  a  minima  suspicione  offensionis  tuae,  te  ut  potius 
obiurgem,  quod  iniquum  in  discrimen  adducas  dignitatem 
tuam,  quam  ut  eam  ego  ulla  contumelia  coner  attingere. 
IV.  Tu  continentiam,  tu  industriam,  tu  animum  in  rem  9 
publicam,    tu   virtutem,   tu   innocentiam,    tu   fidem,   tu 

lo  labores  tuos,  quod  aedilis  non  sis  factus,  fractos  esse  et 
abiectos  et  repudiatos  putas  ?  Vide  tandem,  Laterensis, 
quantum  ego  a  te  dissentiam.  Si,  me-dius  fidius,  decem 
soli  essent  in  civitate  viri  boni,  sapientes,  iusti,  graves, 
qui  te  indignum  aedilitate  iudicavissent,  gravius  de  te 

15  iudicatum  putarem,  quam  est  hoc,  quod  tu  metuis  ne 
a  populo  iudicatum  esse  videatur.  Non  enim  comitiis 
iudicat  semper  populus,  sed  movetur  plerumque  gratia, 
cedit  precibus,  facit  eos,  a  quibus  est  maxime  ambitus : 
denique,  etiamsi  iudicat,  non  dilectu  aliquo  aut  sapientia 

2o  ducitur  ad  iudicandum,  sed  impetu  nonnunquam  et 
quadam  etiam  temeritate.  Non  est  enim  consilium  in 
vulgo,  non  ratio,  non  discrimen,  non  diligentia :  semperque 
sapientes  ea,  quae  populus  fecisset,  ferenda,  non  semper 
laudanda  duxerunt.    Quare  cum  te  aedilem  fieri  oportuisse 

25  dicis,  populi  culpam,  non  competitoris  accusas.    Ut  fueris  10 

idignior  quam  Plancius — de  quo  ipso  tecum  ita  contendam 
paulo  post,  ut  conservem  dignitatem  tuam — sed  ut  fueris 
dignior,  non  competitor,  a  quo  es  victus,  sed  populus,  a 
quo  es  praeteritus,  in  culpa  est.  In  quo  illud  primum 
30  debes  putare,  comitiis,  praesertim  aediliciis,  studium  esse 


populi,  non  iudicium :  eblandita  illa,  non  enucleata  esse 
sufFragia :  eos,  qui  sufFragium  ferant,  quid  cuique  ipsi 
debeant  considerare  saepius  quam  quid  cuique  a  re 
publica  debeatur.     Sin  autem  mavis  esse  iudicium,  non 

11  tibi  id  rescindendum  est,  sed  ferendum.  '  Male  iudicavit  s 
populus.' — At  iudicavit. — 'Non  debuit.' — At  potuit. — 
'Non  fero.' — At  multi  clarissimi  et  sapientissimi  cives 
tulerunt.  Est  enim  liaec  condicio  liberorum  populorum 
praecipueque  huius  principis  populi  et  omnium  gentium 
domini  atque  victoris,  posse  suflfragiis  vel  dare  vel  detrahere  lo 
quod  velit  cuique  :  nostrum  est  autem,  nostrum,  qui  in 
hac  tempestate  populi  iactemur  et  fluctibus,  ferre  modice 
populi  voluntates,  allicere  alienas,  retinere  partas,  placare 

12  turbatas :    honores  si  magni  non  putemus,  non  servire 
populo  :  sin  eos  expetamus,  non  defetigari  supplicando.       15 

§§  12-13.  The  grounds  which  induced  the  people  to  choose 
Plancius  rather  than  Laterensis  are  given  in  tlieir  own 
words.  Laterensis  has  relied  too  much  on  his  high  hirth, 
aiid  not  canvassed  in  a  proper  spirit ;  moreover,  he  lcept 
away  from  Rome  just  at  the  time  when  his  presence  was 
most  necessary. 

V.  Venio  iam  ad  ipsius  populi  partes,  ut  illius  contra 
te  oratione  potius  quam  mea  disputem.  Qui  si  tecum 
congrediatur  et  si  una  loqui  voce  possit,  haec  dicat :  '  Ego 
tibi,  Laterensis,  Plancium  non  anteposui,  sed  cum  essetis 
aeque  boni  viri,  meum  beneficium  ad  eum  potius  detuli,  20 
qui  a  me  contenderat,  quam  ad  eum,  qui  mihi  non  nimis 
submisse  supplicarat.'  Respondebis,  credo,  te  splendore 
et  vetustate  familiae  fretum  non  valde  ambiendum  putasse. 
At   vero   te  ille  ad  sua  instituta  suorumque  maiorum 

§  13  PRO  CN.  PLANCIO  ORATIO  7 

exempla  revocabit :  semper  se  dicet  rogari  voluisse,  semper 
sibi  supplicari :  se  M.  Seium,  qui  ne  equestrem  quidem 
splendorem  incolumem  a  calamitate  iudicii  retinere  potu- 
isset  homini  nobilissimo  innocentissimo  eloquentissimo, 

s  M.  Pisoni,  praetulisse  :  praeposuisse  se  Q.  Catulo,  summa 
in  familia  uato,  sapientissimo  et  sanctissimo  viro,  non 
dico  C.  Serranum,  stultissimum  hominem — fuit  enim 
tamen  nobilis — non  C.  Fimbriam,  novum  hominem — 
fuit  enim  et  animi  satis  magni   et   consilii — sed   Cn. 

lo  Manlium,  non  solum  ignobilem,  verum  sine  virtute,  sine 
ingenio,  vita  etiam  contempta  ac  sordida.     '  Desiderarunt  13 
te,'  inquit,  'oculi  mei,  cum  tu  esses  Cyrenis.     Me  enim 
quam   socios   tua  frui   virtute   malebam,   et,    quo   plus 
intererat,  eo  plus  aberat  a  me,  cum  te  non  videbam. 

15  Deinde  sitientem  me  virtutis  tuae  deseruisti  ac  reliquisti. 
Coeperas  enim  petere  tribunatum  plebis  temporibus  iis, 
quae  istam  eloquentiam  et  virtutem  requirebant :  quam 
petitionem  cum  reliquisses,  si  hoc  indicasti,  tanta  in 
tempestate  te  gubernare  non  posse,  de  virtute  tua  dubitavi : 

2o  si  nolle,  de  voluntate.  Sin,  quod  magis  intellego,  tem- 
poribus  te  aliis  reservasti,  ego  vero  te,'  inquiet  populus 
Bomanus,  'ad  ea  tempora  revocavi,  ad  quae  tu  te  ipse 
servaras.  Pete  igitur  eum  magistratum,  in  quo  mihi 
magnae  utilitati  esse  possis :    aediles  quicunque  erunt, 

25  iidem  mihi  sunt  ludi  parati :  tribuni  plebis  permagni 
interest  qui  sint.  Quare  aut  redde  mihi  quod  ostenderas, 
aut  si  quod  mea  minus  interest,  id  te  magis  forte  delectat, 
reddam  tibi  istam  aedilitatem  etiam  negligenter  petenti : 
sed  amplissimos  honores  ut  pro  dignitate  tua  consequare, 

30  condiscas  censeo  mihi  paulo  diligentius  supplicare.' 

8  M.  TULLI  CICERONIS  §  14 

§§  14-16.  The  duty  of  the  not  to  inquire  how  a  man  has 
heen  elected,  uyiless  bribery  has  been  employed.  The  people 
elect  whom  they  liJce. 

14  VI.  Haec  populi  oratio  est;  mea  vero,  Laterensis, 
haec :  Quare  victus  sis,  non  debere  iudicem  quaerere, 
modo  ne  largitione  sis  victus.  Nam  si  quotienscunque 
praeteritus  erit  is,  qui  non  debuerit  praeteriri,  totiens 
oportebit  eum,  qui  factus  erit,  condemnari,  nihil  est  iam  5 
quod  populo  supplicetur,  nihil  quod  diribitio  sufFragiorum, 
nihil  quod  renuntiatio  exspectetur ;  simul  ut,  qui  sint 
professi,  videro,  dicam :  '  Hic  familia  consulari  est,  ille 
praetoria;  reliquos  video  esse  ex  equestri  loco;  sunt 
omnes  sine  macula,  sunt  omnes  aeque  boni  viri  atque  10 
integri,  sed  servari  necesse  est  gradus;  cedat  consulari 
generi  praetorium :   ne  contendat  cum  praetorio  nomine 

15  equester  locus.'  Sublata  sunt  studia,  exstinctae  suffraga- 
tiones,  nullae  contentiones,  nulla  libertas  populi  in 
mandandis  magistratibus,  nuUa  exspectatio  suffragiorum :  15 
nihil,  ut  plerumque  evenit,  praeter  opinionem  accidet; 
nulla  erit  posthac  varietas  comitiorum.  Sin  hoc  persaepe 
accidit,  ut  et  factos  aliquos  et  non  factos  esse  miremur, 

si  campus  atque  illae  undae  comitiorum,  ut  mare  pro- 
fundum    et   immensum,   sic  effervescunt   quodam   quasi  20 
aestu,   ut  ad  alios  accedant,   ab  aliis  autem  recedant : 
tanto  nos  in  impetu  studiorum  et  motu  temeritatis  modum 

16  aliquem  et  consilium  et  rationem  requiremus  1     Qua  re 
noli   me   ad   contentionem   vestrum  vocare,   Laterensis. 
Etenim  si  populo  grata  est  tabella,  quae  frontes  aperit  25 
hominum,  mentes  tegit  datque  eam  libertatem,  ut  quod 
velint  faciant,  promittant  autem  quod  rogentur  :  cur  tu  id 

§  18  PRO  CN.   PLANCIO  ORATIO  9 

in  iudicio  ut  fiat  exprimis,  quod  non  fit  in  campo  1  '  Hic 
quam  ille  dignior '  perquam  grave  est  dictu.  Quo  modo 
igitur  est  aequius  ?  Sic  credo  :  quod  agitur,  quod  satis  est 
iudici :  '  Hic  factus  est.'  Cur  iste  potius  quam  ego  1  Yel 
5  nescio  vel  non  dico  vel  denique,  quod  mihi  gravissimum 
esset,  si  dicerem,  sed  impune  tamen  deberem  dicere  :  *  Non 
recte,'  num  quid  adsequerere,  si  illa  extrema  defensione 
uterer,  populum  quod  voluisset  fecisse,  non  quod  debuisset  ? 

§§  17-22.  Cicero,  after  stating  that  M  will  not  compare  the  per- 
sonal  merits  of  Flancius  and  Latercnsis,  proceeds  to  show 
that  Plancius  won  his  election  in  afair  aTid  usual  way  ;  his 
equestrian  rank  helped  him  ;  he  was  supported  hy  the  people 
of  Atina  and  other  towns  in  the  neighhourhood. 

VII.   Quid  1  si  populi  factum  defendo,  Laterensis,  et  17 

lodoceo  Cn.  Plancium  non  obrepsisse  ad  honorem,  sed  eo 
venisse  cursu,  qui  semper  patuerit  hominibus  ortis  hoc 
nostro  equestri  loco :  possumne  eripere  orationi  tuae 
contentionem  vestrum,  quae  tractari  sine  contumelia  non 
potest,  et  te  ad  causam  aliquando  crimenque  deducere^ 

15  Si,  quod  equitis  Romani  filius  est,  inferior  esse  debuit, 
omnes  tecum  equitum  Romanorum  filii  petiverunt.  Nihil 
dico  amplius;  hoc  tamen  miror,  cur  huic  potissimum 
irascare,  qui  longissime  a  te  afuit.  Equidem,  si  quando, 
ut  fit,  iactor  in  turba,  non  ilhim  accuso,  qui  est  in  summa 

2o  sacra  via,  cum  ego  ad  Fabium  fornicem  impellor,  sed 
eum,  qui  in  me  ipsum  incurrit  atque  incidit.  Tu  neque 
Q.  Pedio,  forti  viro,  suscenses  neque  huic  A.  Plotio, 
ornatissimo  homini  familiari  meo,  et  ab  eo,  qui  hos 
dimovit,  potius  quam  ab  iis,  qui  in  te  ipsum  incubuerunt, 

25  te  depulsum  putas.     Sed  tamen  haec  tibi  est  prima  cum  18 

10  M.  TULLI  CICERONIS  §  19 

Plancio  generis  vestri  familiaeque  contentio,  qua  abs  te 
yincitur.  (Cur  enim  non  confitear  quod  necesse  est?) 
Sed  non  hic  magis  quam  ego  a  meis  competitoribus  et 
alias  et  in  consulatus  petitione  vincebar.  Sed  vide  ne 
haec  ipsa,  quae  despicis,  huic  suflfragata  sint ;  sic  enim  5 
conferamus.  Est  tuum  nomen  utraque  familia  consulare  : 
num  dubitas  igitur,  quin  omnes,  qui  favent  nobilitati, 
qui  id  putant  esse  pulcherrimum,  qui  imaginibus,  qui 
nominibus  vestris  ducuntur,  te  aedilem  fecerint  1  Equidem 
non  dubito.  Sed  si  parum  multi  sunt  qui  nobilitatem  10 
ament,  num  ista  est  nostra  culpa  1  Etenim  ad  caput  et 
ad  fontem  generis  utriusque  veniamus. 

19  VIII.  Tu  es  e  municipio  antiquissimo  Tusculano,  ex 
quo   sunt   plurimae   familiae  consulares,   in   quibus   est 
etiam  luventia ;  tot,  quot  ex  reliquis  municipiis  omnibus  15 
non  sunt.     Hic  est  e  praefectura  Atinati,  non  tam  prisca, 
non    tam    honorata,    non    tam    suburbana.       Quantum 
interesse    vis    ad    rationem   petendi?      Primum   utrum 
magis  favere  putas  Atinates  an  Tusculanos  suis  ?    Alteri 
— scire  enim  hoc  propter  vicinitatem  facile  possum — cum  20 
huius  ornatissimi  atque  optimi  viri,  Cn.  Saturnini,  patrem 
aedilem,  cum  praetorem  viderunt,  quod  primus  ille  non 
modo  in  eam  familiam,  sed  etiam  in  praefecturam  illam 
sellara  curulem  attulisset,  mirandum  in  modum  laetati 
sunt;    alteros — credo,    quia   refertum    est    municipium  25 
consularibus,  nam  malivolos  non  esse  certo  scio — numquam 

20  intellexi  vehementius  suorum  honore  laetari.  Habemus 
hoc  nos,  habent  nostra  municipia.  Quid  ego  de  me,  de 
fratre  meo  loquar^  quorum  honoribus  agri  ipsi  prope 
dicam  montesque  faverunt.     Num  quando  vides  Tuscu-  30 

§  22  PRO  CN.  PLANCIO  ORATIO  11 

lanum  aliquem  de  M.  Catone  illo  in  omne  virtute  principe, 
num  de  Ti.  Coruncanio,  municipe  suo  num  de  tot  Fulviis 
gloriari?  verbum  nemo  faeit.  At  in  queracunque  Arpi- 
natem  iucideris,  etiamsi  nolis,   erit   tamen  tibi  fortasse 

5  etiam  de  nobis  aliquid,  sed  certe  de  C.  Mario  audiendum. 
Primum  igitur  hic  habuit  studia  suorum  ardentia;  tu 
tanta,  quanta  in  hominibus  iam  saturatis  honoribus  esse 
potuerunt.       Deinde    tui    municipes    sunt    illi    quidem  21 
splendidissimi  homines,  sed  tamen  pauci,  siquidem  cum 

lo  Atinatibus  conferantur ;  huius  praefectura  plena  virorum 
fortissimorum,  sic  ut  nulla  tota  Italia  frequentior  dici 
possit.  Quam  quidem  nunc  multitudinem  videtis,  iudices, 
in  squalore  et  luctu  supplicem  vobis.  Hi  tot  equites 
Romani,    tot    tribuni    aerarii — nam    plebem   a   iudicio 

15  dimisimus,  quae  cuncta  comitiis  adfuit — quid  roboris, 
quid  dignitatis  huius  petitioni  attulerunt?  Non  enim 
tribum  Teretinam,  de  qua  dicam  alio  loco,  sed  dignitatem, 
sed  oculorum  coniectum,  sed  solidam  et  robustam  et 
adsiduam  frequentiam  praebuerunt.      Nostra  municipia 

2o  coniunctione  etiam  vicinitatis  vehementer  moventur.     IX.  22 
Omnia,   quae  dico  de   Plancio,  dico  expertus  in  nobis; 
sumus  enim  finitimi  Atinatibus.     Laudanda  est  vel  etiam 
admiranda  vicinitas  retinens  veterem  illam  officii  rationem, 
non  infuscata  malivolentia,  non  adsueta  mendaciis,  non 

25  fucosa,  non  fallax,  non  erudita  artificio  simulationis  vel 
suburbano  vel  etiam  urbano.  Nemo  Arpinas  non  Plancio 
studuit,  nemo  Soranus,  nemo  Casinas,  nemo  Aquinas. 
Tractus  ille  celeberrimus,  Venafranus,  Allifanus,  tota 
denique  nostra  illa  aspera  et  montuosa  et  fidelis  et  simplex 

30  et  fautrix  suorum  regio  se  huius  honore  ornari,  se  augeri 

12  M.  TULLI  CICERONIS  §  23 

dignitate  arbitrabatur :  isdemque  nuuc  ex  municipiis 
adsunt  equites  Romani  publice  cum  legatione  testimonio, 
nec  minore  nunc  sunt  sollicitudine  quam  tum  erant  studio. 

§§  23-30.  Plancius'  eledion  was  also  furthered  hy  ihe  injiuence 
of  his  father,  one  of  the  most  prominent  of  the  publicani ; 
hy  Cicerds  exertions  on  his  hehalf  in  return  for  kindness 
received  during  exile ;  lastly,  Plancius^  private  character 
and  gen^ral  worth  made  him,  in  the  eyes  of  the  people,  a 
most  worthy  recipient  of  the 

23  Etenim  est  gravius  spoliari  fortunis  quam  non  augeri 
dignitate.  Ergo  ut  alia  in  te  erant  illustriora,  Laterensis,  5 
quae  tibi  maiores  tui  reliquerant,  sic  te  Plancius  hoc 
non  solum  municipii,  verum  etiam  vicinitatis  genere 
vincebat.  Nisi  forte  te  Labicana  aut  Gabina  aut 
Bovillana  vicinitas  adiuvabat :  quibus  e  municipiis  vix 
iam,  qui  carnem  Latinis  petant,  reperiuntur.  Adiun-  10 
gamus,  si  vis,  id,  quod  tu  huic  obesse  etiam  putas,  patrem 
publicanum  :  qui  ordo  quanto  adiumento  sit  in  honore 
quis  nescit  ?  Flos  enim  equitum  Romanorum,  ornamentum 
civitatis,  firmamentum  rei  publicae  publicanorum  ordine 

24  continetur.  Quis  est  igitur,  qui  neget  ordinis  eius  15 
studium  fuisse  in  honore  Plancii  singulare  ?  Neque 
iniuria,  vel  quod  erat  pater  is,  qui  est  princeps  iam  diu 
publicanorum,  vel  quod  is  ab  sociis  unice  diligebatur,  vel 
quod  diligentissime  rogabat,  vel  quia  pro  filio  supplica- 
bat,  vel  quod  huius  ipsius  in  illum  ordinem  summa  oflBcia  20 
quaesturae  tribunatusque  constabant,  vel  quod  illi  in  hoc 
ornando  ordinem  se  ornare  et  consulere  liberis  suis  arbi- 

X.  Aliquid     praeterea  —  timide     dico,    sed     tamen 

§  26  PRO  CN.  rLANCIO  ORATIO  13 

dicendum  est : — non  enim  opibus,  non  invidiosa  gratia, 
non  potentia  vix  ferenda,  sed  commemoratione  beneficii,  sed 
misericordia,  sed  precibus  aliquid  attulimus  etiam  nos. 
Appellavi  populum  tributim,  submisi  me  et  supplicavi: 

5  ultro  me  hercule  se  mihi  etiam  offerentes,  ultro  pollicentes 
rogavi.     Valuit  causa  rogandi,  non  gratia.     Nec  si  vir  25 
amplissimus,    cui   nihil    est   quod  roganti   concedi   non 
iure  possit,  de  aliquo,  ut  dicis,  non  impetravit,  ego  sum 
arrogans,  quod  me  valuisse  dico.     Nam  ut  omittam  illud, 

lo  quod  ego  pro  eo  laborabam,  qui  valebat  ipse  per  sese, 
rogatio  ipsa  semper  est  gratiosissima,  quae  est  ofiicio 
necessitudinis  coniuncta  maxime.  Neque  enim  ego  sic 
rogabam,  ut  petere  viderer,  quia  familiaris  esset  meus, 
quia  vicinus,  quia  huius  parente  semper  plurimum  essem 

15  usus,  sed  ut  quasi  parenti  et  custodi  salutis  meae.     Non 
potentia  mea,  sed  causa  rogationis  fuit  gratiosa.     Nemo 
mea  restitutione  laetatus  est,  nemo  iniuria  doluit,  cui  non 
huius  in  me  misericordia  grata  fuerit.     Etenim  si  ante  26 
reditum  meum  Cn.  Plancio  se  vulgo  viri  boni,  cum  hic 

2o  tribunatum  peteret,  ultro  offerebant :  cui  nomen  meum 
absentis  honori  fuisset,  ei  meas  praesentes  preces  non 
putas  profuisse  ?  An  Minturnenses  coloni,  quod  C. 
Marium  e  civili  ferro  atque  ex  impiis  manibus  eripuerunt, 
quod  tecto  receperunt,  quod  fessum  inedia  fluctibusque 

25  recrearunt,  quod  viaticum  congesserunt,  quod  navigium 
dederunt,  quod  eum  linquentem  terram  eam,  quam 
servarat,  votis,  ominibus  lacrimisque  prosecuti  sunt, 
aeterna  in  laude  versantur :  Plancio,  quod  me  vel  vi 
pulsum  vel  ratione  cedentem  receperit,  iuverit,  custodierit, 

30  his  et  senatui    populoque   Romano,   ut  haberent   quem 



reducerent,  conservarit,  honori  hauc  fidem,  misericordiam, 
virtutem  fuisse  miraris  1 

27       XI.  Vitia  mehercule  Cn.  Plancii  res  eae,  de  quibus 
dixi,  tegere  potuerunt,  ne  tu  in  ea  vita,  de  qua  iam  dicam, 
tot  et  tanta  adiumenta  huic  honori  fuisse  mirere.     Hic  s 
est  enim,  qui  adulescentulus  cum  A.  Torquato  profectus 
in  Africam   sic  ab  illo  gravissimo  et  sanctissimo  atque 
omni  laude  et  honore  dignissimo  viro  dilectus  est,  ut  et 
contubernii    necessitudo    et    adulescentis    modestissimi 
pudor   postulabat.      Quod,    si   adesset,    non   minus   ille  lo 
declararet  quam  hic  illius  frater  patruelis  et  socer,  T. 
Torquatus,   omni  illi  et  virtute  et  laude   par,   qui  est 
quidem  cum    illo  maximis  vinclis  et   propinquitatis    et 
adfinitatis  coniunctus,  sed  ita  magnis  amoris,  ut   illae 
necessitudinis  causae  leves  esse  videantur.     Fuit  in  Creta  15 
postea    contubernalis    Saturnini,    propinqui    sui ;    miles 
huius  Q.  Metelli,  cui  cum  fuerit  probatissimus  hodieque 
sit,   omnibus  esse  se   probatum  debet   sperare.     In  ea 
provincia   legatus    fuit    C.    Sacerdos,    qua   virtute,    qua 
constantia  vir !    L.  Flaccus,  qui  homo,   qui  civis !    qui  20 
qualem  hunc  putent  adsiduitate  testimonioque  declarant. 

28  In  Macedonia  tribunus  militum  fuit ;  in  eadem  provincia 
postea  quaestor.  Primum  Macedonia  sic  eum  diligit,  ut 
indicant  hi  principes  civitatum  suarum ;  qui  cum  missi 
sint  ob  aliam  causam,  tamen  huius  repentino  periculo  25 
commoti  huic  adsident,  pro  hoc  laborant,  huic  si  praesto 
fuerint,  gratius  se  civitatibus  suis  facturos  putant  quam 
si  legationem  suam  et  mandata  confecerint.  L.  vero 
Apuleius  hunc  tanti  facit,  ut  morem  ilhim  maiorum,  qui 
praescribit  in  parentum  loco  quaestoribus  suis  praetores  30 

§  30  PRO  CN.  rLANCIO  ORATIO  16 

esse  oportere,  oflSciis  benivolentiaque  superarit.  Tribunus 
plebis  fuit,  non  fortasse  tam  vehemens  quam  isti,  quos 
tu  iure  laudas,  sed  certe  talis,  quales  si  omnes  semper 
fuissent,  numquam  desideratus  vehemens  esset  tribunus. 

5       XII.    Omitto  illa,  quae  si  minus  in  scaena  sunt,  at  29 
certe,  cum  sunt  prolata,  laudantur,  ut  vivat  cum  suis, 
primum  cum  parente — nam  meo  iudicio  pietas   funda- 
mentum  est  omnium  virtutum — quem  veretur  ut  deum 
— neque  enim   multo   secus    est   parens   liberis — amat 

lo  vero  ut  sodalem,  ut  fratrem,  ut  aequalem.  Quid  dicam 
cum  patruo,  cum  adfinibus,  cum  propinquis,  cum  hoc  Cn. 
Saturnino,  ornatissimo  viro  ?  cuius  quantam  honoris  huius 
cupiditatem  fuisse  creditis,  cum  videtis  luctus  societatem  1 
Quid  de  me  dicam,  qui  mihi  in  huius  periculo  reus  esse 

15  videor  ?  quid  de  his  tot  viris  talibus,  quos  videtis  veste 
mutata?  Atque  haec  sunt  indicia,  iudices,  solida  et 
expressa,  haec  signa  probitatis  non  fucata  forensi  specie, 
sed  domesticis  inusta  notis  veritatis.  Futtilis  est  illa 
occursatio  et  blanditia  popularis  :  adspicitur,  non  attrecta- 

2o  tur ;  procul  apparet,  non  excutitur,  non  in  manus  sumitur. 
Omnibus   igitur  rebus  ornatum  hominem  tam  externis  30 
quam  domesticis,   nonnullis  rebus  inferiorem   quam  te, 
generis   dico   et   nominis,    superiorem   aliis,    municipum 
vicinorum  societatum  studio,  meorum  temporum  memoria, 

25  parem  virtute  integritate  modestia  aedilem  factum  esse 
miraris  ? 


§§  30-35.  Cicero  sliows  that  thc  imputations  cast  hy  Laterensis 
on  Plancius  life  and  conduct  are  entirely  unfounded. 

Hunc  tu  vitae  splendorem  macuHs  adspergis   istis'? 

16  M.  TULLI  CICERONIS  §  31 

lacis  adulteria,  quae  nemo  non  modo  nomine,  sed  ne 
suspicione  quidem  possit  agnoscere.  '  Bimaritum '  appellas, 
ut  verba  etiam  fingas,  non  solum  crimina.  Ductum  esse 
ab  eo  in  provinciam  aliquem  dicis  libidinis  causa,  quod 
non  crimen  est,  sed  impunitum  in  maledicto  mendacium.  5 
Raptam  esse  mimulam ;  quod  dicitur  Atinae  factum  a 
iuventute  vetere  quodam  in  scaenicos  iure  maximeque 

31  oppidano.  0  adulescentiam  traductam  eleganter !  cui 
quidem  cum  quod  licuerit  obiciatur,  tamen  id  ipsum 
falsum  reperiatur. —  'Emissus  aliqui  e  carcere.' — Et  10 
quidem  emissus  per  imprudentiam,  emissus,  ut  cognostis, 
necessarii  hominis  optimique  adulescentis  rogatu :  idem 
postea  praemandatis  requisitus.  Atque  haec  nec  ulla 
alia  sunt  coniecta  maledicta  iu  eius  vitam,  de  cuius  vos 
pudore  religione  integritate  dubitetis.  XIII.  '  Pater  15 
vero,'  inquit,  'etiam  obesse  filio  debet.'  0  vocem  duram 
atque  indignam  tua  probitate,  Laterensis  !  Pater  ut  in 
iudicio  capitis,  pater  ut  in  dimicatione  fortunarum,  pater 
ut  apud  tales  viros  obesse  filio  debeat  1  qui  si  esset  tur- 
pissimus,  si  sordidissimus,  tamen  ipso  nomine  patrio  20] 
valeret  apud  clementes  iudices  et  misericordes :  valeret, 
inquam,  communi  sensu  omnium  et  dulcissima  commen- 

32  datione  naturae.  Sed  cum  sit  Cn.  Plancius  is  eques 
Romanus,  ea  primum  vetustate  equestris  nominis,  ut  pater, 
ut  avus,  ut  maiores  eius  omnes  equites  Romani  fuerint,  23 
summum  in  praefectura  florentissima  gradum  tenuerint 
et  dignitatis  et  gratiae :  deinde  ut  ipse  in  legionibus 
P.  Crassi  imperatoris  inter  ornatissimos  homines,  equites 
Romanos,  summo  splendore  fuerit :  ut  postea  princeps 
inter  suos  plurimarum  rerum  sanctissimus  et  iustissimus  30 

§  34  PRO  CN.  PLANCIO  ORATIO  17 

iudex,  maximarumsocietatumauctor,  plurimarum  magister : 
si  noii  modo  in  eo  nihil  unquam  repreliensum,  sed  laudata 
sunt  omnia,  tamen  is  oberit  honestissimo  filio  pater,  qui 
vel  minus  honestum  et  alienum  tueri  vel  auctoritate  sua 

5  vel    gratia    possit? — 'Asperius,'    inquit,    'locutus    est  33 
aliquid    aliquando.' — Immo   fortasse    liberius.  —  'At   id 
ipsum,'  inquit,   'non  est  ferendum.'  —  Ergo  ii  ferendi 
sunt,  qui  hoc  queruntur,  libertatem  equitis  Romani  se 
ferre  non  posse?     Ubinam  ille  mosl   ubi  illa  aequitas 

lo  iuris  1  ubi  illa  antiqua  libertas,  quae  malis  oppressa  civili- 
bus  extollere  iam  caput  et  aliquando  recreata  se  erigere 
debebat  *?  Equitum  ego  Romanorum  in  homines  nobilis- 
simos  maledicta,  publicanorum  in  Q.  Scaevolam,  virum 
omnibus  ingenio,  iustitia,  integritate  praestantem,  aspere 

15  et  ferociter  et  libere  dicta  commemorem  1 

XIV.  Consuli  P.  Nasicae  praeco  Granius  medio  in 
foro,  cum  ille  edicto  iustitio  domum  decedens  rogasset 
Granium,  quid  tristis  esset ;  an  quod  reiectae  auctiones 
essent :    'Immo  vero,'  inquit,   'quod  legationes.'     Idem 

2o  tribuno  plebis  potentissimo  homini,  M.  Druso,  sed  multa 
in  re  publica  molienti,  cura  ille  eum  salutasset,  et,  ut  fit, 
dixisset :  '  Quid  agis,  Grani  1 '  respondit :  '  Immo  vero 
tu,  Druse,  quid  agis*?'  Ille  L.  Crassi,  ille  M.  Antonii 
voluntatem  asperioribus  facetiis  saepe  perstrinxit  impune ; 

25  nunc  usque  eo  est  oppressa  nostra  adrogantia  civitas,  ut, 
quae  fuit  olim  praeconi  in  ridendo,  nunc  equiti  Romano 
in  plorando  non  sit  concessa  libertas  1    Quae  enim  unquam  34 
fuit  Planci  vox  contumeliae  potius  quam  dolorisl  quid 
est  autem  unquam  questus,  nisi  cum  a  sociis  et  a  se 

3oiiiiuriam  propulsaret?      Cum  senatus   impediretur,   quo 


18  M.  TULLI  CICERONIS  §  35 

minus,  id  quod  hostibus  semper  erat  tributum,  responsum 
equitibus  Romanis  redderetur,  omnibus  illa  iniuria  dolori 
fuit  publicanis,  sed  eum  ipsum  dolorem  hic  tulit  paulo 
apertius.  Communis  ille  sensus  in  aliis  fortasse  latuit : 
hic,  quod  cum  ceteris  animo  sentiebat,  id  magis  quam  5 

35  ceteri  et  vultu  promptum  habuit  et  lingua.  Quamquam, 
iudices — agnosco  enim  ex  me — permulta  in  Plancium, 
quae  ab  eo  nunquam  dicta  sunt,  conferuntur.  Ego  quia 
dico  aliquid  aliquando,  non  studio  adductus,  sed  aut 
contentione  dicendi  aut  lacessitus,  et  quia,  ut  fit  in  10 
multis,  exit  aliquando  aliquid  si  non  perfacetum,  at 
tamen  fortasse  non  rusticum,  quod  quisque  dixit,  me  id 
dixisse  dicunt.  Ego  autem,  si  quid  est,  quod  mihi  scitum 
esse  videatur  et  homine  ingenuo  dignum  atque  docto, 
non  aspernor :  stomachor,  cum  aliorum  non  me  digna  in  15 
me  conferuntur.  Nam  quod  primus  scivit  legem  de 
publicanis  tum,  cum  vir  amplissimus  consul  id  illi  ordini 
per  populum  dedit,  quod  per  senatum,  si  licuisset, 
dedisset :  si  in  eo  crimen  est,  quia  suffragium  tulit,  quis 
non  tulit  publicanusl  si,  quia  primus  scivit,  utrum  id 
sortis  esse  vis  an  eius,  qui  illam  legem  ferebat?  Si 
sortis,  nuUum  crimen  est  in  casu :  si  consulis,  splendor 
etiam  Planci  hunc  a  summo  viro  principem  ezse  ordinis 

§§  36-57.  The  second  part  of  the  speech.  Cicero  considers  ihe 
legal  aspect  of  the  case,  and  shows  that  Laterensis  cannot 
prove  that  FlanciiLs  made  use  of  bribery  a7id  corruption, 
that  Laterensis  has  acted  contrary  to  the  spirit  of  tlie  laiv  in 
accusing  Plancius  imder  the  Lex  Licinia  (§§  36-48), 

36  XV.   Sed  aliquando  veniamus  ad  causani.     In  qua  tu  25 

§  38  rRO  CN.  PLANCIO  ORATIO  19 

nomine  legis  Liciniae,  quae  est  de  sodaliciis,  omnes 
ambitus  leges  complexus  es.  Neque  enim  quidquam 
aliud  in  hac  lege  nisi  editicios  iudices  es  secutus :  quod 
genus  iudiciorum  si  est  aequum  uUa  in  re  nisi  in  hac 

s  tribuaria,  non  intellego,  quam  ob  rem  senatus  hoc  uno  in 
genere  tribus  edi  voluerit  ab  accusatore  neque  eandem 
editionem  transtulerit  in  ceteras  causas,  de  ipso  denique 
ambitu  reiectionem  fieri  voluerit  iudicum  alternorum, 
cumque   nullum   genus   acerbitatis   praetermitteret,   hoc 

lo  tamen  unum  praetereundum  putarit.     Quid  1  huiusce  rei  37 
tandem  obscura  causa  est,  an  et  agitata  tum,  cum  ista  in 
senatu  res  agebatur,  et  disputata  hesterno  die  copiosissime 
a  Q.   Hortensio,  cui  tum  est  senatus  adsensus?      Hoc 
igitur  sensimus :   '  cuiuscumque  tribus  largitor  esset,  et 

15  per  hanc  consensionem,  quae  magis  honeste  quam  vere 
sodalitas  nominaretur,  quam  quisque  tribum  turpi  largi- 
tione  corrumperet,  eum  maxime  iis  hominibus,  qui  eius 
tribus  essent,  esse  notum.'  Ita  putavit  senatus,  cum  reo 
tribus  ederentur  eae,  quas  is  largitione  devinctas  haberet, 

2o  eosdem  fore  testes  et  iudices.     Acerbum  omnino  genus 
iudicii,  sed  tamen,  si  vel  sua  vel  ea,  quae  maxime  esset 
cuique     coniuncta,    tribus    ederetur,    vix    recusandum. 
XVI.     Tu    autem,    Laterensis,    quas    tribus    edidisti  1 38 
Teretinam,  credo.      Fuit  certe  id  aequum  et  certe  ex- 

25  spectatum  est  et  fuit  dignum  constantia  tua.  Cuius  tu 
tribus  venditorem  et  corruptorem  et  sequestrem  Plancium 
fuisse  clamitas,  eam  tribum  profecto,  severissimorum 
praesertim  hominum  et  gravissimorum,  edere  debuisti. 
At  Voltiniam :  lubet  enim  tibi  nescio  quid  etiam  de  illa 

^o  tribu  criminari.     Hanc  igitur  ipsam  cur  non  edidisti  1 


20  M.  TULLI  CICERONIS  §  39 

Quid  Plancio  cum  Lemonia?  quid  cum  Ufentina  ?  quid 
cum  Clustumina?     Nam  Maeciam,  non  quae  iudicaret, 

39  sed  quae  reiceretur,  esse  voluisti.  Dubitatis  igitur, 
iudices,  quin  vos  M.  Laterensis  suo  iudicio,  non  ad 
sententiam  legis,  sed  ad  suam  spem  aliquam  de  civitate  5 
delegerit  ?  dubitatis,  quin  eas  tribus,  in  quibus  magnas 
necessitudines  habet  Plancius,  cum  ille  non  ediderit, 
iudicarit  oflQciis  ab  hoc  observatas,  non  largitione  cor- 
ruptas?  Quid  enira  potest  dicere,  cur  ista  editio  non 
sunimam  habeat  acerbitatem  remota  ratione  illa,  quam  10 

40  in  decernendo  secuti  sumus  ?  Tu  deligas  ex  omni  populo 
aut  amicos  tuos  aut  inimicos  meos  aut  denique  eos,  quos 
inexorabiles,  quos  inhumanos,  quos  crudeles  existimes? 
tum  me  ignaro,  nec  opinante,  inscio  notes  et  tuos  et 
tuorum  amicorum  necessarios,  iniquos  vel  meos  vel  etiam  15 
defensorum  meorum,  eodemque  adiungas,  quos  natura 
putes  asperos  atque  omnibus  iniquos?  deinde  effundas 
repente,  ut  ante  consessum  meorum  iudicum  videam, 
quam  potuerira,  qui  essent  futuri  suspicari,  apud  eosque 
rae  ne  quinque  quidem  reiectis,  quod  in  proximo  reo  de  20 
consilii    sententia    constitutum   est,    cogas    causam    de 

4X  fortunis  omnibus  dicere  ?     Non  enim,  si  aut  Plancius  ita 
vixit,  ut  offenderet  sciens  neminem,  aut  tu  ita  errasti,  ut 
eos  ederes  imprudens,  ut  nos  invito  te  tamen  ad  iudices, 
non  ad  carnifices  veniremus,  idcirco  ista  editio  per  se  non  25 
acerba  est. 

XVII.  An  vero  nuper  clarissimi  cives  nomen  editicii 
iudicis  non  tulerunt,  cum  ex  cxxv  iudicibus,  principibus 
equestris  ordinis,  quinque  et  lxx  reus  reiceret,  l  referret 
omniaque  potius  permiscuerunt,  quam  ei  legi  condicionique  30 

§  44  rRO  CN.  rLANCIO  ORATIO  21 

parerent :  nos  neque  ex  delectis  iudicibus,  sed  ex  omni 
populo,  neque  editos  ad  reiciendum,  sed  ab  accusatore 
constitutos  iudices  ita  feremus,  ut  neminem  reiciamus? 
Neque  ego  nunc  legis  iniquitatem  queror,   sed  factum  42 

5  tuum  a  sententia  legis  doceo  discrepare  :  et  illud  acerbum 
iudicium  si,  quem  ad  modum  senatus  censuit  populusque 
iussit,  ita  fecisses,  ut  huic  et  suam  et  ab  hoc  observatas 
tribus  ederes,  non  modo  non  quererer,  sed  hunc  iis  iudi- 
cibus   editis,  qui  iidem    testes   esse  possent,  absolutum 

10  putarem  :  neque  nunc  multo  secus  existimo.  Cum  enim 
has  tribus  edidisti,  ignotis  te  iudicibus  uti  malle  quam 
notis  indicavisti :  fugisti  sententiam  legis :  aequitatem 
omnem  reiecisti :  in  tenebris  quam  in  luce  causam  versari 
maluisti.     '  Voltinia  tribus  ab  hoc  corrupta,  Teretinam  43 

15  habuerat  venalem.  Quid  diceret  apud  Voltinienses  aut 
apud  tribules  suos  iudices  ? '  Immo  vero  tu  quid  diceres  ? 
quem  iudicem  ex  illis  aut  tacitum  testem  haberes  aut 
vero  etiam  excitaresl  Etenim,  si  reus  tribus  ederet, 
Voltiniam  fortasse   Plancius  propter  necessitudinem   ac 

2o  vicinitatem,  suam  vero  certe  edidisset.  Vel  si  quaesitor 
huic  edendus  fuisset,  quem  tandem  potius  quam  hunc  C. 
Alfium,  quem  habet,  cui  notissimus  esse  debet,  vicinum, 
tribulem,  gravissimum  hominem  iustissimumque  edidisset  1 
cuius  quidem  aequitas  et  ea  voluntas  erga  Cn.  Plancii 

25  salutem,  quam  ille  sine  ulla  cupiditatis  suspicione  prae 
se  fert,  facile  declarat  n.- .  fuisse  fugiendos  tribules  huic 
iudices,  cui  quaesitorem  trlbulem  exoptandum  fuisse 

XVIII.   Neque  ego  nunc  consilium  reprehendo  tuum,  44 

30  quod    eas    tribus,   quibus   erat    hic   maxime   notus,   non 

22  M.  TULLI  CICERONIS  «45 

edideris  :  sed  a  te  doceo  consilium  non  servatum  senatus. 
Etenim  quis  te  tum  audiret  illorum  aut  quid  diceres? 
Sequestremne  Plancium'?  respuerent  aures,  nemo  agno- 
sceret.  An  gratiosum?  illi  libenter  audirent,  nos  non 
timide  confiteremur.  Noli  enim  putare,  Laterensis,  5 
legibus  istis,  quas  senatus  de  ambitu  sanciri  voluerit,  id 
esse  actum,  ut  suiFragatio,  ut  observantia,  ut  gratia  tol- 
leretur.      Semper  fuerunt  viri  boni,   qui  apud  tribules 

45  suos  gratiosi  esse  vellent.  Neque  vero  tam  durus  in 
plebem  noster  ordo  fuit,  ut  eam  coli  nostra  modica  libera-  10 
litate  noluerit :  neque  hoc  liberis  nostris  interdicendum 
est,  ne  observent  tribules  suos,  ne  diligant,  ne  conficere 
necessariis  suis  suam  tribum  possint,  ne  par  ab  iis  munus 
in  sua  petitione  exspectent.  Haec  enim  plena  sunt 
officii,  plena  observantiae,  plena  etiam  antiquitatis.  Isto  15 
in  genere  et  fuimus  ipsi,  cum  ambitionis  nostrae  tempora 
postulabant,  et  clarissimos  viros  esse  vidimus  et  hodie 
esse  volumus  quam  plurimos  gratiosos.  Decuriatio 
tribulium,  discriptio  populi,  suffragia  largitione  devincta 
severitatem  senatus  et  bonorum  omnium  iram  ac  dolorem  20 
excitarunt.  Haec  doce,  haec  profer,  huc  incumbe,  Late- 
rensis,  decuriasse  Plancium,  conscripsisse,  sequestrem 
fuisse,  pronuntiasse,  divisisse  :  tum  mirabor  te  iis  armis 
uti,  quae  tibi  lex  dabat,  noluisse.  Tribulibus  enim 
iudicibus   non  modo  severitatem   illorum,   si   ista   vera  25 

46  sunt,  sed  ne  vultus  quidem  ferre  possemus.  Hanc  tu 
rationem  cum  fugeris  cumque  eos  iudices  habere  nolueris, 
quorum  in  huius  delicto  cum  scientia  certissima  tum 
dolor  gravissimus  esse  debuerit,  quid  apud  hos  dices,  qui 
abs  te  taciti  requirunt,  cur  sibi  hoc  oneris  imposueris,  30 

§  48  rRO  CN.  PLANCIO  ORATIO  23 

cur  se  potissimum  delegeris,  cur  denique  se  divinare 
malueris  quam  eos,  qui  scirent,  iudicare?  XIX.  Ego 
Plancium,  Laterensis,  et  ipsum  gratiosum  esse  dico  et 
habuisse  in  petitione  multos  cupidos  sui  gratiosos :  quos 

5  tu  si  sodales  vocas,  officiosam  amicitiam  nomine  inquinas 
criminoso :  sin,  quia  gratiosi  sint,  accusandos  putas,  noli 
mirari  te  id,  quod  tua  dignitas  postularit,  repudiandis 
gratiosorum  amicitiis  non  esse  adsecutum.     Nam  ut  ego  47 
doceo  gratiosum  esse  in  sua  tribu  Plancium,  quod  multis 

10  benigne  fecerit,  pro  multis  spoponderit,  in  operas  plurimos 
patris  auctoritate  et  gratia  miserit,  quod  denique  omnibus 
officiis  per  se,  per  patrem,  per  maiores  suos  totam 
Atinatem  praefecturam  comprehenderit,  sic  tu  doce  se- 
questrem    fuisse,    largitum   esse,    conscripsisse,    tribules 

is  decuriavisse.  Quod  si  non  potes,  noli  tollere  ex  ordine 
nostro  liberalitatem,  noli  maleficium  putare  esse  gratiam, 
noli  observantiam  sancire  poena. 

Itaque  haesitantem  te  in  hoc  sodaliciorum  tribuario 
crimine  ad  communem  ambitus  causam  contulisti,  in  qua 

2o  desinamus  aliquando,    si  videtur,   vulgari  et   pervagata 
declamatione  contendere.     Sic  enim  tecum  ago.     Quam  48 
tibi  commodum  est,  tribum  unam   delige ;  tu  doce  id, 
quod  debes,  per  quem  sequestrem,  quo  divisore  corrupta 
sit;  ego,  si  id  facere  non  potueris,  quod,  ut  opinio  mea 

25  fert,  ne  incipies  quidem,  per  quem  tulerit,  docebo.  Estne 
haec  vera  contentio?  placetne  sic  agi?  Num  possum 
magis  pedem  conferre,  ut  aiunt,  aut  propius  accedere  ? 
Quid  taces  1  quid  dissimulas  ?  quid  tergiversaris  ?  Etiam 
atque  etiam  insto  atque  urgeo,  insector,  posco  atque  adeo 

30  flagito  crimen  :   quamcunque  tribum,  inquam,  delegeris, 

24  M.  TULLI  CICERONIS  §  49 

quam  tulerit  Plancius,  tu  pstendito,  si  poteris,  vitium : 
ego  qua  ratioue  tulerit  docebo.  Neque  erit  haec  alia 
ratio  Plancio  ac  tibi,  Laterensis.  Nam  ut,  quas  tribus 
tu  tulisti,  si  iam  ex  te  requiram,  possis,  quorum  studio 
tuleris,  explicare,  sic  ego  hoc  contendo,  me  tibi  ipsi  5 
adversario,  cuiuscunque  tribus  rationem  poposceris, 

§§  49-60.  Plancius  was  practically  elected  the  year  lefore,  when 
the  comitia  were  postponed.  Brihery  then  was  impossible, 
owing  to  the  short  notice  given  of  the  elections. 

49  XX.  Sed  cur  sic  ago?  quasi  non  comitiis  iam  supe- 
rioribus  sit  Plancius  designatus  aedilis  :  quae  comitia 
primum  habere  coepit  consul  cum  omnibus  in  rebus  lo 
summa  auctoritate  tum  harum  ipsarum  legum  ambitus 
auctor :  deinde  habere  coepit  subito  praeter  opinionem 
omnium,  ut,  ne  si  cogitasset  quidem  largiri  quispiam, 
daretur  spatium  comparandi.  Vocatae  tribus,  latum 
sufFragium,  diribitae  tabellae,  renuntiatae :  longe  pluri-  15 
mum  valuit  Plancius ;  nulla  largitionis  nec  fuit  nec  esse 
potuit  suspicio.  Ain'  tandem  ?  una  centuria  praerogativa 
tantum  habet  auctoritatis,  ut  nemo  unquam  eam  tulerit, 
quin  renuntiatus  sit  aut  iis  ipsis  comitiis  consul  prior  aut 
certe  in  illum  annum :  aedilem  tu  Plancium  factum  esse  20 
miraris,  in  quo  non  exigua  pars  populi,  sed  universus 
populus  voluntatem  suam  declararit,  cuius  in  honore  non 
unius  tribus  pars,  sed  comitia  tota  fuerint  praerogativa  1 

50  Quo  quidem  tempore,  Laterensis,  si  id  facere  voluisses 
aut  si  gravitatis  esse  putasses  tuae,  quod  multi  nobiles  25 
saepe  fecerunt,  ut,  cum  minus  valuissent  sufFragiis  quam 

§  51  PRO  CN.  PLANCIO  ORATIO  25 

putassent,  postea  prolatis  comitiis  prosternerent  se  et 
populo  Romano  fracto  animo  atque  humili  supplicarent, 
non  dubito,  quin  omnis  ad  te  se  conversura  fuerit  multi- 
tudo.     Nunquam  enim  fere  nobilitas,  integra  praesertim 

5  atque  innocens,  a  populo  Romano  supplex  repudiata  est. 
Sed  si  tibi  gravitas  tua  et  magnitudo  animi  pluris  fuit, 
sicuti  esse  debuit,  quam  aedilitas,  noli,  cum  habeas  id, 
quod  malueris,  desiderare  id,  quod  minoris  putaris. 
Equidem   primum,    ut    honore    dignus   essem,    maxime 

lo  semper  laboravi :  secundo  ut  existimarer :  tertium  mihi 
fuit  illud,  quod  plerisque  primum  est,  ipse  honos ;  qui  iis 
denique  debet  esse  iucundus,  quorum  dignitati  populus 
Romanus  testimonium,  non  beneficium  ambitioni  dedit. 

§§  51-53.  Laterensis  must  Twt  think  that  hc  has  done  cliscredit  to 
his  ancestors  because  he  has  failed  to  ohtain  the  aedileship, 
for  (1)  many  famous  men  have  failed  similarly,  and  yet 
attained  to  the  highest  honours  in  the  State ;  and  (2)  the 
independent  line  he  Ims  always  followed  in  politics,  espeeially 
in  retiring  from  his  candidature  for  the  trihuneship,  had 
caused  considerable  prejudice  against  him. 

XXI.  Quaeris  etiam,  Laterensis,  quid  imaginibus  tuis,  51 
15  quid  ornatissimo  atque  optimo  viro,  patri  tuo,  respondeas 
mortuo.  Noli  ista  meditari,  atque  illud  cave  potius,  ne 
tua  ista  querella  dolorque  nimius  ab  illis  sapientissimis 
viris  reprehendatur.  Vidit  enim  pater  tuus  Appium 
Claudium,  nobilissimum  hominem,  vivo  patre  suo,  poten- 
2o  tissimo  et  clarissimo  civi,  C.  Claudio,  aedilem  non  esse 
factum  et  eundem  sine  repulsa  factum  esse  consulem : 
vidit  hominem  sibi  maxime  coniunctum,  egregium  virum, 
L.  Volcatium,  vidit  M.  Pisonem  ista  iu  aedilitate  offensi- 

26  M.  TULLI  CICERONIS  §52 

uncula  accepta  summos  a  populo  Romano  esse  honores 
adeptos.  Avus  vero  tuus  et  P.  Nasicae  tibi  aediliciam 
praedicaret  repulsam,  quo  cive  neminem  ego  statuo  in 
hac  re  publica  fortiorem,  et  C.  Marii,  qui  duabus  aedili- 
tatibus  repulsus  septiens  consul  est  factus,  et  L.  Caesaris,  5 
Cn.   Octavii,   M.   TuUii :    quos  omnes  scimus  aedilitate 

52  praeteritos  consules  esse  factos.  Sed  quid  ego  aedilicias 
repulsas  coUigo?  quae  saepe  eius  modi  habitae  sunt,  ut 
iis,  qui  praeteriti  essent,  benigne  a  populo  factum  videre- 
tur.  Tribunus  militum  L.  Philippus,  summa  nobilitate  10 
et  eloquentia,  quaestor  C.  Caelius,  clarissimus  ac  fortissi- 
mus  adulescens,  tribuni  plebis  P.  Rutilius  Rufus,  C. 
Fimbria,  C.  Cassius,  Cn.  Orestes  facti  non  sunt :  quos 
tamen  omnes  consules  factos  scimus  esse.  Quae  tibi 
ultro  pater  et  maiores  tui  non  consolandi  tui  gratia  15 
dicent,  neque  vero  quo  te  liberent  aliqua  culpa,  quam  tu 
vereris,  ne  a  te  suscepta  videatur,  sed  ut  te  ad  istum 
cursum  tenendum,  quem  a  prima  aetate  suscepisti,  cohor- 
tentur.  Nihil  est  enim,  mihi  crede,  Laterensis,  de  te 
detractum.  Detractum  dico  ?  si  me  hercule  vere  quod  20 
accidit  interpretari  velis,  est  aliquid  etiam  de  virtute 
significatum  tua.  XXII.  Noli  enim  existimare  non 
magnum  quendam  motum  fuisse  illius  petitionis  tuae,  de 
qua  ne  aliquid  iurares  destitisti.  Denuntiasti  homo 
adulescens,  quid  de  summa  re  publica  sentires :  fortius  25 
tu  quidem  quam  nonnulli  defuncti  honoribus,  sed  apertius 
quam  vel  ambitionis  vel  aetatis  tuae  ratio  postulabat. 

53  Quam  ob  rem  in  dissentiente  populo  noli  putare  nullos 
fuisse,  quorum  animos  tuus  ille  fortis  animus  ofFenderet : 
qui  te  incautum  fortasse  nunc  tuo  loco  demovere  potueruut, 

§  55  PRO  CN.  rLANCIO  ORATIO  27 

providentem  autem    et    praecaventem    nunqiiam   certe 

§§  53-55.  Cicero  meets  the  charge  of  coitio,  i.e.  co^nbination  on 
the  part  of  two  candidates  to  prevent  the  election  of  a  third. 
Laterensis  has  no  proofs  of  this,  and  his  whole  argument  is 

An  te  illa  argumenta  duxerunt  ?     '  Dubitatis/  inquit, 
*quin  coitio  facta  sit,  cum  tribus  plerasque  cum  Plotio 

5  tulerit  Plancius  1 '  An  una  fieri  potuerunt,  si  una  tribus 
non  tulissenf?  'At  nonnullas  punctis  paene  totidem.' 
Quippe,  cum  iam  facti  prope  superioribus  comitiis  decla- 
ratique  venissent :  quamquam  ne  id  quidem  suspicionem 
coitionis  habuerit.     Neque  enim  unquam  maiores  nostri 

lo  sortitionem  constituissent  aediliciam,  nisi  viderent  accidere 
posse,   ut  competitores  pares  suffragiis  essent.     Et  ais  54 
prioribus  comitiis  Aniensem  a  Plotio  Pedio,  Teretinam  a 
Plancio  tibi  esse  concessam  :  nunc  ab  utroque  eas  avulsas, 
ne   in   angustum    venirent.       Quam    convenit    nondum 

15  cognita  populi  voluntate  hos,  quos  iam  tum  coniunctos 
fuisse  dicis,  iacturam  suarum  tribuum,  quo  vos  adiuva- 
remini,  fecisse :  eosdem,  cum  iam  essent  experti,  quid 
valerent,  restrictos  et  tenaces  fuisse  ?  Etenim  verebantur, 
credo,  angustias,  quasi  res  in  contentionem  aut  in  dis- 

20  crimen  aliquod  posset  venire.  Sed  tamen  tu  A.  Plotium, 
virum  ornatissimum,  in  idem  crimen  vocando  indicas  eum 
te  adripuisse,  a  quo  non  sis  rogatus.  Nam  quod  questus 
es  plures  te  testes  habere  de  Voltinia,  quam  quot  in  ea 
tribu  puncta  tuleris,  indicas  aut  eos  testes  te  producere, 

25  qui,  quia  nummos  acceperint,  te  praeterierint,  aut  te  ne 
gratuita  quidem  eorum  suffragia  tulisse.     XXIII.  Illud  55 

28  M.  TULLI  CICERONIS  §  56 

vero  crimen  de  nummis,  quos  in  circo  Flaminio  depre- 
hensos  esse  dixisti,  caluit  re  recenti,  nunc  in  causa  refrixit. 
Neque  enim,  qui  illi  nummi  fuerint  nec  quae  tribus  nec 
qui  divisor,  ostendis.  Atque  is  quidem  eductus  ad 
consules,  qui  tum  in  crimen  vocabatur,  se  inique  a  tuis  5 
iactatum  graviter  querebatur.  Qui  si  erat  divisor,  prae- 
sertim  eius,  quem  tu  habebas  reum,  cur  abs  te  reus  non 
est  factus?  cur  non  eius  damnatione  aliquid  ad  hoc 
iudicium  praeiudicii  comparasti  ? 

§§  55-57.  Laterensis'  reasdns  are  not  gemcine;  what  he  really 
hopes  is  to  crush  Plancius  by  his  superior  infiuence,  and 
avail  himself  of  the  fact  that  Plancius  has  many  detractors. 
Cicero  hopes  that  the  jury  will  hear  this  in  mind,  and  sift 
all  evidence  thoroughly. 

Sed  neque  tu  haec  habes  neque  eis  confidis.     Alia  te  10 
ratio,  alia  cogitatio  ad  spem  huius  opprimendi  excitavit. 
Magnae  sunt  in  te  opes,  late  patet  gratia ;  multi  amici, 
multi  cupidi  tui,  multi  fautores  laudis  tuae ;  multi  huic 
invident,  multis  etiam  pater,  optimus  vir,  nimium  retinens 
equestris  iuris  et  libertatis  videtur :    multi  etiam  com-  15 
munes  inimici  reorum  omnium,  qui  ita  semper  testimonium 
de   ambitu  dicunt,   quasi  aut  moveant  animos  iudicum 
suis  testimoniis  aut  gratum  populo  Romano  sit  aut  ab  eo 
facilius  ob  eam  causam  dignitatem  quam  volunt  conse- 
56  quantur.     Quibuscum  me,  iudices,  pugnantem  more  meo  20 
pristino  non  videbitis;  non  quo  mihi  fas  sit  quidquam 
defugere,  quod  salus  Plancii  postulet :    sed   quia  neque     , 
necesse  est  me  id  persequi  voce,  quod  vos  mente  videatis, 
et  quod  ita  de  me  meriti  sunt  illi  ipsi,  quos  ego  testes 
video    paratos,    ut    eorum   reprehensionem   vos   vestrae  ^sr 

§  58  PKO  CN.  PLANCIO  ORATIO  29 

prudentiae  adsumere,  meae  modestiae  remittere  debeatis. 
Illud  unum  vos  magnopere  oro  atque  obsecro,  iudices, 
cum  huius,  quem  defendo,  tum  communis  periculi  causa, 
ne  fictis  auditionibus,  ne  disseminato  dispersoque  sermoni 

5  fortunas  innocentium  subiciendas  putetis.     Multi  amici  57 
accusatoris,  nonnulli  etiam  nostri  iniqui,  multi  communes 
obtrectatores   atque    omnium    invidi    multa    finxeruut. 
Nihil  est  autem  tam  volucre  quam  maledictum  :   nihil 
facilius  emittitur,  nihil  citius  excipitur,  latius  dissipatur. 

lo  Neque  ego,  si  fontem  maledicti  reperietis,  ut  neglegatis 
aut  dissimuletis,  unquam  postulabo.  Sed  si  quid  sine 
capite  manabit  atque  erit  eius  modi,  ut  non  exstet  auctor ; 
si,  qui  audierit,  aut  ita  neglegens  vobis  esse  videbitur,  ut 
unde  audierit,  oblitus  sit,  aut  ita  levem  habebit  auctorem, 

15  ut  memoria  dignum  non  putarit,  huius  illa  vox  vulgaris, 
AUDivi,  ne  quid  innocenti  reo  noceat,  oramus. 

§§  58-71.  Third  part  of  the  speech.  Cicerds  answer  to  L. 
Cassius,  the  junior  counsel,  who  hacl  emphasised  four  points 
in  his  speech — (1)  that  Laterensis  deserved  to  he  preferred  to 
Plancius  hecause  of  his  nohle  hirth  ;  to  which  Cicero  replies 
that  the  path  of  office  is  open  to  all ;  men  of  high  hirth  gain 
except  that  they  are  less  envied  (§§  58-60). 

XXIV.  Sed  venio  iam  ad  L.  Cassium,  familiarem  53 
meum,  cuius  ex  oratione  ne  illum  quidem  luventium 
tecum  expostulavi,  quem  ille  omni  et  humanitate  et 
virtute  ornatus  adulescens  primum  de  plebe  aedilem 
curulem  factum  esse  dixit.  In  quo,  Cassi,  si  tibi  ita 
respondeam,  nescisse  id  populum  Romanum,  neque  fuisse, 
qui  id  nobis  narraret,  praesertim  mortuo  Congo,  non,  ut 
opinor,  admirere,  cum  ego  ipse  non  abhorrens  a  studio 

30  M.  TULLI  CICERONIS  §  59 

antiquitatis  me  hic  id  ex  te  primum  audisse  confitear. 
Et,  quoniam  tua  fuit  perelegans  et  persubtilis  oratio, 
digna  equitis  Romani  vel  studio  vel  pudore,  quoniamque 
sic  ab  his  es  auditus,  ut  magnus  honos  et  ingenio  et 
humanitati  tuae  tribueretur,  respondebo  ad  ea,  quae  s 
dixisti,  quae  pleraque  de  ipso  me  fuerunt :  in  quibus  ipsi 
aculei,  si  quos  habuisti  in  me  reprehendendo,  tamen  mihi 

59  non  ingrati  acciderunt.  Quaesisti,  utrum  mihi  putarem, 
equitis  Romani  filio,  faciliorem  fuisse  ad  adipiscendos 
honores  viam  an  futuram  esse  filio  meo,  quia  esset  familia  ic 
consulari.  Ego  vero  quamquam  illi  omnia  malo  quam 
mihi,  tamen  honorum  aditus  nunquam  illi  faciliores 
optavi,  quam  mihi  fuerunt.  Quin  etiam,  ne  forte  ille  sibi 
me  potius  peperisse  iam  honores  quam  iter  demonstrasse 
adipiscendorum  putet,  haec  illi  soleo  praecipere — quam-  i: 
quam  ad  praecepta  aetas  non  est  grandis — quae  rex 
ille  a  love  ortus  suis  praecepit  filiis : 

'  Vigildndum  est  semper :  onilUae  insidiae  sunt  bonis.' 
Nostis  cetera ;  [nonne  ? 

'  Id  quod  multi  invideant : ']  2c 

quae  scripsit  gravis  et  ingeniosus  poeta,  non  ut  illos  regios 
pueros,  qui  iam  nusquam  erant,  sed  ut  nos  et  nostros 
liberos  ad  laborem  et  ad  laudem  excitaret. 

60  Quaeris  quid  potuerit  amplius  adsequi  Plancius,  si  Cn. 
Scipionis  fuisset  filius.  Magis  aedilis  fieri  non  potuisset,  2- 
sed  hoc  praestaret,  quod  ei  minus  invideretur.  Etenim 
honorum  gradus  summis  hominibus  et  infimis  sunt  pares, 
gloriae  dispares.  XXV.  Quis  nostrum  se  dicit  M'.  Curio, 
quis   C.   Fabricio,  quis   C.   Duellio  parem  1   quis  Atilio 

§  62  PRO  CN.  PLANCIO  ORATIO  31 

Calatino  ?  quis  Cn.  et  P.  Scipionibus  ?  quis  Africano, 
Marcello,  Maximo  1  tamen  eosdem  sumus  honorum  gradus 
quos  illi  adsecuti.  Etenim  in  virtute  multi  sunt  adscensus, 
ut    is    maxime    gloria    excellat,    qui   virtute   plurimum 

5  praestet :  lionorum  populi  finis  est  consulatus :  quem 
magistratum  iam  octingenti  fere  consecuti  sunt :  horum, 
si  diligenter  quaeres,  vix  decimam  partem  reperies  gloria 
dignam.  Sed  nemo  unquam  sic  egit,  ut  tu :  '  Cur  iste 
fit   consun    quid   potuit   amplius,   si  L.    Brutus    esset, 

lo  qui  civitatem  dominatu  regio  liberavit  1 '  Honore  nihil 
amplius,  laude  multum.  Sic  igitur  Plancius  nihilo  minus 
quaestor  est  factus  et  tribunus  plebis  et  aedilis,  quam  si 
esset  summo  loco  natus,  sed  haec  pari  loco  orti  sunt 
innumerabiles  alii  consecuti. 

§  61.  (2)  Cassius  has  comjjlained  that  Plancius  military  exploits 
are  small. 

^5       Profers  triumphos  T.  Didii  et  C.  Marii,  et  quaeris,  61 
quid   simile   in   Plancio.      Quasi  vero  isti,    quos    com- 
memoras,  propterea   magistratus   ceperint,  quod    trium- 
pharint,  et  non,  quia  commissi  sunt  iis  magistratus,  in 
quibus   re   bene   gesta    triumpharent,   propterea   trium- 

2o  pharint.  Rogas  quae  castra  viderit ;  qui  et  miles  in 
Creta  hoc  imperatore  et  tribunus  militum  in  Macedonia 
fuerit  et  quaestor  tantum  ex  re  militari  detraxerit  tem- 
poris,  quantum  in  me  custodiendum  transferre  maluerit. 

§  62.  Cicero  replies  to  Cassius^  ohjection  (3)  that  Plancius  could 
not  show  any  superiority  over  Latcrensis  in  eloquence  or 

Quaeris,  num  disertus  sit  ?     Immo,  id  quod  secundum  62 
25  est,  ne  sibi   quidem    videtur.       Num  iuris  consultus  1 

32  M.  TULLI  CICERONIS  §  63 

quasi  quisquam  sit,  qui  sibi  hunc  falsum  de  iure 
respondisse  dicat.  Omnes  enim  istius  modi  artes  in  iis 
reprehenduntur,  qui  cum  professi  sunt,  satis  facere  non 
possunt,  non  in  iis,  qui  se  afuisse  ab  istis  studiis 
confitentur.  Virtus,  probitas,  integritas  in  candidato,  5 
non  linguae  volubilitas,  non  ars,  non  scientia  requiri 
solet.  Ut  nos  in  mancipiis  parandis  quamvis  frugi 
hominem,  si  pro  fabro  aut  pro  tectore  emimus,  ferre 
moleste  solemus,  si  eas  artes,  quas  in  emendo  secuti 
sumus,  forte  nesciunt,  sin  autem  emimus,  quem  vilicum  10 
imponeremus,  quem  pecori  praeficeremus,  nihil  in  eo  nisi 
frugalitatem,  laborem,  vigilantiam  esse  curamus,  sic 
populus  Romanus  deligit  magistratus  quasi  rei  publicae 
vilicos  ;  in  quibus  si  qua  praeterea  est  ars,  facile  patitur ; 
sin  minus,  virtute  eorum  et  innocentia  contentus  est.  15 
Quotus  enim  quisque  disertus,  quotus  quisque  iuris 
peritus  est,  ut  eos  numeres,  qui  volunt  esse?  Quodsi 
praeterea  nemo  est  honore  dignus,  quidnam  tot  optimis 
et  ornatissimis  civibus  est  futurum  1 

§§  63-67.  Cicero,  in  aiiswer  to  (4)  Cassius'  eulogy  of  Laterensis 
services  in  the  provinces,  tells  an  anecdote  from  his  oion 
experience  to  show  how  little  people  in  Rome  Tcnow  or  care 
about  provincial  affairs.  Had  LatereTisis  really  wished  to 
conciliate  the  people  he  should  have  done  as  Cicero  himself 
did — not  rely  on  his  provincial  reputation,  but  makefriends 
at  Rome. 

53       XXVI.   lubes  Plancium  de  vitiis  Laterensis  dicere.  20 
Nihil  potest,   nisi   eum  nimis  in  se  iracundum   fuisse. 
Idem   ecfers  Laterensem  laudibus.     Facile  patior  id  te 
agere  multis  verbis,  quod  ad  iudicium  non  pertineat,  et  id 

§  65  PRO  CN.  PLANCIO  ORATIO  33 

te  acciisantem  tam  diu  dicere,  quod  ego  defensor  sine 
periculo  possim  confiteri.  Atqui  non  modo  confiteor 
summa  in  Laterense  ornamenta  esse,  sed  te  etiam  repre- 
hendo,  quod  ea  non  enumeres,  alia  quaedam  inania  et 

5  levia  conquiras.  'Praeneste  fecisse  ludos.'  Quid?  alii 
quaestores  nonne  fecerunt?  'Cyrenis  liberalem  in 
publicanos,  iustum  in  socios  fuisse.'  Quis  negat  ?  sed  ita 
multa  Romae  geruntur,  ut  vix  ea,  quae  fiunt  in  provinciis, 
audiantur.     Non  vereor  ne  mihi  aliquid,  iudices,  videar  64 

lo  adrogare,  si  de  quaestura  mea  dixero.  Quamvis  enim  illa 
floruerit,  tamen  eum  me  postea  fuisse  in  maximis  imperiis 
arbitror,  ut  non  ita  multum  mihi  gloriae  sit  ex  quaesturae 
laude  repetendum  :  sed  tamen  non  vereor,  ne  quis  audeat 
dicere  ullius  in  Sicilia   quaesturam   aut  clariorem   aut 

15  gratiorem  fuisse.  Vere  mehercule  hoc  dicam :  sic  tum 
existimabam,  nihil  homines  aliud  Romae  nisi  de  quaestura 
mea  loqui.  Frumenti  in  summa  caritate  maximum 
numerum  miseram :  negotiatoribus  comis,  mercatoribus 
iustus,  mancipibus   liberalis,    sociis   abstinens,    omnibus 

8o  eram  visus  in   omni  officio  diligentissimus :    excogitati 
quidam  erant  a  Siculis  honores  in  me  inauditi.     Itaque  65 
hac  spe  decedebam,  ut  mihi  populum  Romanum  ultro 
omnia  delaturum  putarem.     At  ego  cum  casu  diebus  iis 
itineris  faciendi  causa  decedens  e  provincia  Puteolos  forte 

25  venissem,  cum  plurimi  et  lautissimi  in  iis  locis  solent  esse, 
concidi  paene,  iudices,  cum  ex  me  quidam  quaesisset,  quo 
die  Roma  exissem  et  numquidnam  esset  novi.  Cui  cum 
respondissem,  me  e  provincia  decedere:  'Etiam  meher- 
cule,' inquit, 'utopinor,ex  Africa.'  XXVII.  Huicegoiam 
stomachans  fastidiose  :  '  Immo  ex  Sicilia,'  inquam.     Tum 


34  M.  TULLI  CICERONIS  §  66 

quidam,  quasi  qui  omnia  sciret :  '  Quid  ?  tu  nescis,'  in- 
quit,  '  hunc  quaestorem  Syracusis  fuisse  ? '  Qiiid  miilta  ? 
destiti  stomachari  et  me  unum  ex  iis  feci,  qui  ad  aquas 

66  Sed  ea  res,  iudices,  haud  scio  an  plus  mihi  profuerit,  5 
quam  si  mihi  tum  essent  omnes  gratulati.  Nam,  postea- 
quam  sensi  populi  Romani  aures  hebetiores,  oculos  autem 
esse  acres  atque  acutos,  destiti,  quid  de  me  audituri 
essent  homines,  cogitare :  feci,  ut  postea  cotidie  praesen- 
tem  me  viderent :  habitavi  in  oculis,  pressi  forum  :  1 
neminem  a  congressu  meo  neque  ianitor  meus  neque 
somnus  absterruit.  Ecquid  ego  dicam  de  occupatis  meis 
temporibus,  cui  fuerit  ne  otium  quidem  umquam 
otiosum?  Nam  quas  tu  commemoras,  Cassi,  legere  te 
solere  orationes,  cum  otiosus  sis,  has  ego  scripsi  ludis  et  15 
feriis,  ne  omnino  unquam  essem  otiosus.  Etenim  M. 
Catonis  illud,  quod  in  principio  scripsit  Originum  suarum, 
semper  magnificum  et  praeclarum  putavi,  ^  clarorum 
virorum  atque  magnorum  non  minus  otii  quam  negotii 
rationem  exstare  oportere.^  Itaque,  si  quam  habeo 
laudem,  quae  quanta  sit  nescio,  parta  Romae  est, 
quaesita  in  foro ;  meaque  privata  consilia  publici  quoque 
casus  comprobaverunt,  ut  etiam  summa  res  publica  mihi 

67  domi  fuerit  gerenda  et  urbs  in  urbe  servanda.     Eadem 
igitur,   Cassi,   via   munita   Laterensi   est,    idem   virtuti  25 
cursus  ad  gloriam :  hoc  facilior  fortasse,  quod  ego  huc  a 
me  ortus  et  per  me  nixus  adscendi,  istius  egregia  virtus 
adiuvabitur  commendatione  maiorum. 


§  69  PRO  CK  PLANCIO  ORATIO  35 

§§67-71.  Cassius  liad  maintained  that  Cicero  had  exaggerated 
riancius'  services  to  him  during  his  exile,  and  also  exagger- 
ated  the  daiigers  of  that  period.  Cicero  replies  that  certainly 
the  services  of  most  well-disposcd  Romans  to  him  wcre  very 
great,  hut  in  the  case  of  Plancius  an  excellent  opportunity  of 
piaying  his  debt  of  gratitude  had  occurred,  and  he  had 
availed  himself  of  it. 

Sed  ut  redeam  ad  Plancium,  nunquam  ex  urbe  is 
afuit  nisi  sorte,  lege,  necessitate ;  non  valuit  rebus  iisdem 
quibus  fortasse  nonnulli;  at  valuit  adsiduitate,  valuit 
observandis  amicis,  valuit  liberalitate  ;  fuit  in  oculis ; 
5  petivit ;  ea  est  usus  ratione  vitae,  qua  minima  invidia 
novi  homines  plurimi  sunt  eosdem  honores  consecuti. 

XXVIII.  Nam  quod  ais,  Cassi,  non  plus  me  Plancio  68 

debere  quam  bonis  omnibus,  quod  iis  aeque  mea  salus 

cara  fuerit,  ego  me  debere  bonis  omnibus  fateor.     Sed 

[o  etiam  ii,  quibus  ego  debeo,  boni  viri  et  cives  comitiis 

aediliciis  aliquid  se  meo  nomine  Plancio  debere  dicebant. 

Verum  fac  me  multis  debere  et  in  iis  Plancio.     Utrum 

igitur  me  conturbare  oportet  an  ceteris,  cum  cuiusque 

dies  venerit,  hoc  nomen,  quod  urget,  nunc,  cum  petitur, 

15  dissolvere  1     Quamquam  dissimilis  est  pecuniae  debitio 

et  gratiae.     Nam   qui  pecuniam    dissolvit,   statim  non 

habet  id,   quod  reddidit :    qui  autem   debet,   is  retinet 

j    alienum ;  gratiam  autem  et  qui  refert  habet  et  qui  habet 

1    in  eo  ipso,  quod  habet,  refert.     Neque  ego  nunc  Plancio 

!o  desinam  debere,  si  hoc  solvero,  nec  minus  ei  redderem 

voluntate  ipsa,  si  hoc  molestiae  non  accidisset.     Quaeris  69 

a  me,  Cassi,  quid  pro  fratre  meo,  qui  mihi  est  carissimus, 

quid   pro   meis   liberis,   quibus  nihil   mihi   potest   esse 

iucundius,  amplius,  quam  quod  pro  Plancio  facio,  facere 

36  M.  TULLI  CICERONLS  S  70 

possim,  nec  vides  istorum  ipsorum  caritate  ad  huius 
salutem  defendendam  maxime  stimulari  me  atque  exci- 
tari.  Nam  neque  illis  huius  salute,  a  quo  meam  sciunt  esse 
defensam,  quidquam  est  optatius,  et  ego  ipse  nunquam 
illos  adspicio,  quin,  cum  per  hunc  me  iis  conservatum  5 
esse  meminerim,  huius  meritum  in  me  recorder. 

Opimium  damnatum  esse  commemoras,  servatorem 
ipsum  rei  publicae :  Calidium  adiungis,  cuius  lege  Q. 
Metellus  in  civitatem  sit  restitutus  :  reprehendis  meas  pro 
Plancio  preces,  quod  neque  Opimius  suo  nomine  liberatus  10 
sit  neque  Metelli  Calidius.  XXIX.  De  Calidio  tibi 
tantum  respondeo,  quod  ipse  vidi :  Q.  Metellum  Pium 
consulem  praetoriis  comitiis  petente  Q.  Calidio  populo 
Eomano  supplicasse,  cum  quidem  non  dubitaret  et  consul 
et    homo    nobilissimus    patronum   esse    illum   suum   et  15 

70  familiae  nobilissimae  dicere.  Quo  loco  quaero  ex  te, 
num  id  in  iudicio  Calidii  putes,  quod  ego  in  Plancii  facio, 
aut  Metellum  Pium,  si  Romae  esse  potuisset,  aut  patrem 
eius,  si  vixisset,  non  fuisse  facturum.  Nam  Opimii 
quidem  calamitas  utinam  ex  hominum  memoria  posset  20 
evelli !  Vulnus  illud  rei  publicae,  dedecus  huius  imperii, 
turpitudo  populi  Romani,  non  iudicium  putandum  est. 
Quam  enim  illi  iudices,  si  iudices  et  non  parricidae 
patriae  nominandi  sunt,  graviorem  potuerunt  rei  publicae 
infligere  securim,  quam  cum  illum  e  civitate  eiecerunt,  25 
qui  praetor  finitimo,  consul  domestico  bello  rem  publicam 

71  liberarat  1  At  enim  nimis  ego  magnum  beneficium 
Plancii  facio  et,  ut  ais,  id  verbis  exaggero;  quasi  vero 
me  tuo  arbitratu  et  non  meo  gratum  esse  oporteat. 
'  Quod  istius  tantum  meritum  ? '  inquit.     '  An  quia  te  non  30 

§  72  PRO  CN.  PLANCIO  ORATIO  37 

iugulavit?'  Immo  vero,  quia  iugulari  passus  non  est. 
Quo  quidem  tu  loco,  Cassi,  etiam  purgasti  inimicos  meos 
meaeque  vitae  nuUas  ab  illis  insidias  fuisse  dixisti. 
Posuit  hoc  idem  Laterensis.  Quam  ob  rem  paulo  post 
5  de  isto  plura  dicam ;  de  te  tantum  requiro,  utrum  putes 
odium  in  me  mediocre  inimicorum  fuisse  —  quod  fuit 
ullorum  unquam  barbarorum  tam  immane  ac  tam  crudele 
in  hostem  1  — an  fuisse  in  iis  aliquem  aut  famae  metum 
aut  poenae,  quorum  vidisti  toto  illo  anno  ferrum  in  foro, 

lo  flammam  in  delubris,  vim  in  tota  urbe  versari  ?  Nisi 
forte  existimas  eos  idcirco  vitae  meae  pepercisse,  quod 
de  reditu  meo  nihil  timerent.  Et  quemquam  putas  fuisse 
tam  excordem,  qui  vivis  his,  stante  urbe  et  curia  redi- 
tumm  me,  si  viverem,  non  putaret  ?     Quam  ob  rem  non 

15  debes  is  homo  et  is  civis  praedicare  vitam  meam, 
quae  fidelitate  amicorum  conservata  sit,  inimicorum 
molestia  non  esse  appetitam. 

§§  72-74.  Refutation  hy  Cicero  of  personal  attacks  made  on  his 
cliaracter  ;  lie  had  neither  lied  nor  invented  his  facts  to  serve 
the  turn  of  the  moment. 

XXX.  Respondebo    tibi    nunc,     Laterensis,     minus  72 
fortasse  vehementer,  quam  abs  te  sum  provocatus :  sed 

2o  profecto  nec  considerate  minus  nec  minus  amice.  Nam 
primum  fuit  illud  asperius,  me  quae  de  Plancio  dicerem 
mentiri  et  temporis  causa  fingere.  Scilicet  homo  sapiens 
excogitavi,  quam  ob  rem  viderer  maximis  beneficii  vin- 
culis  obstrictus,  cum  liber  essem  et  solutus.     Quid  enim  ? 

25  mihi  ad  defendendum  Plancium  parum  multae,  parum 
iustae  necessitudines  erant  familiaritatis,  vicinitatis,  patris 

S8  M.  TULLI  CICERONLS  §  73 

amicitiae  ?  quae  si  non  essent,  vererer,  credo,  ne  turpiter 
facerem,  si  hoc  splendore  et  hac  dignitate  hominem 
defenderem.  Fingenda  mihi  fuit  videlicet  causa  pera- 
cuta,  ut  ei,  quem  mihi  debere  oporteret,  ego  me  omnia 
debere  dicerem.  At  id  etiam  gregarii  milites  faciunt  5 
inviti,  ut  coronam  dent  civicam  et  se  ab  aliquo  servatos 
esse  fateantur,  non  quo  turpe  sit  protectum  in  acie  ex 
hostium  manibus  eripi  —  nam  id  accidere  nisi  forti  viro 
et  pugnanti  comminus  non  potest — sed  onus  beneficii 
reformidantj   quod   permagnum  est  alieno  debere  idem  to 

73  quod  parenti.  Ego,  cum  ceteri  vera  beneficia,  etiam 
minora,  dissimulent,  ne  obligati  esse  videantur,  eo  me 
beneficio  obstrictum  esse  ementior,  cui  ne  referri  quidem 
gratia  posse  videatur?  An  hoc  tu,  Laterensis,  ignoras? 
qui  cum  mihi  esses  amicissimus,  cum  vel  periculum  vitae  15 
tuae  mecum  sociare  voluisses,  cum  me  in  illo  tristi  et 
acerbo  luctu  atque  discessu  non  lacrimis  solum  tuis,  sed 
animo,  corpore,  copiis  prosecutus  esses,  cum  meos  liberos 
et  uxorem  me  absente  tuis  opibus  auxilioque  defendisses : 
sic  mecum  semper  egisti,  te  mihi  remittere  atque  conce-  20 
dere,  ut  omne  studium  meum  in  Cn.  Plancii  honore  con- 
sumerem,    quod   eius   in   me   meritum   tibi   etiam   ipsi 

74  gratum  esse  dicebas.  Nihil  autem  me  novi,  nihil 
temporis  causa  dicere,  nonne  etiam  est  illa  testis  oratio, 
quae  est  a  me  prima  habita  in  senatu  1  in  qua  cum  25 
perpaucis  nomihatim  egissem  gratias,  quod  omnes  enume- 
rari  nullo  modo  possent,  scelus  autem  esset  quemquam 
praeteriri,  statuissemque  eos  solum  nominare,  qui  causae 
nostrae  duces  et  quasi  signiferi  fuissent,  in  his  Plancio 
gratias  egi.     Recitetur  oratio,  quae  propter  rei  magni-  30 

§  76  PRO  CN.  PLANCIO  ORATIO  39 

tudinem  dicta  de  scripto  est :  in  qua  ego  homo  astutus 
ei  me  dedebam,  cui  nihil  magnopere  deberem,  et  huius 
officii  tanti  servitutem  adstringebam  testimonio  sempi- 
terno.  Nolo  cetera,  quae  a  me  mandata  sunt  litteris, 
5  recitare :  praetermitto,  ne  aut  proferre  videar  ad  tempus 
aut  eo  genere  uti  litterarum,  quod  meis  studiis  aptius 
quam  consuetudini  iudiciorum  esse  videatur. 

§§  75-76.  Laterensis  had  reproached  Cicero  for  his  tearful  and 
emotional  speech,  reminding  him  that  similar  efforts  on 
Cispius'  hehalfhad  heen  unsuccessful.  Cicero  points  out  the 
unfairness  of  thc  critidsm. 

XXXI.    Atque    etiam    clamitas,    Laterensis :    '  Quo  75 
usque  ista  dicis  ?     Nihil  in  Cispio  profecisti :  ohsoletae 

lo  iam  sunt  preces  tuae  I '  De  Cispio  mihi  igitur  obicies, 
quem  ego  de  me  bene  meritum  quia  te  teste  cognoram, 
te  eodem  auctore  defendi  %  et  ei  dices  '  Quo  usque  2 ' 
quem  negas,  quod  pro  Cispio  contenderim,  impetrare 
potuisse?     Nam  istius  verbi  ^ quo  usque'  haec  poterat 

15  esse  invidia :  '  Datus  est  tibi  ille,  condonatus  est  ille  ; 
non  facis  finem  ?  ferre  non  possumus.'  Ei  quidem,  qui, 
quod  pro  uno  laborarit,  id  ipsum  non  obtinuerit,  dicere : 
'  Quo  usque  ? '  irridentis  magis  est  quam  reprehendentis ; 
nisi  forte  ego  unus  ita  me  gessi  in  iudiciis,  ita  et  cum  his 

2o  et  inter  hos  vixi,  is  in  causis  patronus,  is  in  re  publica 
civis  et  sum  et  semper  fui,  solus  ut  a  te  constituar,  qui 
nihil  a  iudicibus  debeam  unquam  impetrare.     Et  mihi  76 
lacrimulam  Cispiani  iudicii  obiectas.     Sic  enim  dixisti : 
'  Vidi  ego  tuam  lacrimulam.^     Vide  quam  me  verbi  tui 

25  paeniteat,     Non  modo  lacrimulam,  sed  multas  lacrimas 

40  M.  TULLI  CICERONIS    .  §  77 

et  fletum  cum  singultu  videre  potuisti.  An  ego,  qui 
meorum  lacrimis  me  absente  commotus  simultates,  quas 
mecum  habebat,  deposuisset  meaeque  salutis  non  modo 
non  oppugnator,  ut  inimici  mei  putarant,  sed  etiam 
defensor  fuisset,  huius  in  periculo  non  significarem  5 
doiorem  meum  1  Tu  autem,  Laterensis,  qui  tum  lacrimas 
meas  gratas  esse  dicebas,  nunc  easdem  vis  invidiosas 
videri  1 

§§  77-82.  Laterensis  had  reproached  Cicero  wilh  being  over- 
thankful  to  Plancius,  whilst  others — e.g.  Racilius — deserved 
his  thanks  more.  Cicero  replies  that  it  is  hard  to  show  his 
gratitude  to  all  his  lenefactors — as,  for  instance,  to  Late- 
rensis  hiniself.  Gratitude  is  a  virtue,  and  excess  of  it  can  he 
no  sin. 

77  XXXII.  Negas  tribunatum  Plancii  quidquam  attulisse 
adiumenti  dignitati  meae  atque  hoc  loco,  quod  verissime  10 
facere  potes,  L.  Racilii,  fortissimi  et  constantissimi  viri, 
divina  in  me  merita  commemoras.  Cui  quidem  ego, 
sicut  Cn.  Plancio,  nunquam  dissimulavi  me  plurimum 
debere  semperque  prae  me  feram ;  nuUas  enim  sibi  ille 
neque  contentiones  neque  inimicitias  neque  vitae  dimica- 
tiones  nec  pro  re  publica  nec  pro  me  defugiendas  putavit. 
Atque  utinam,  quam  ego  sum  in  illum  gratus,  tam 
licuisset  per  hominum  vim  et  iniuriam  populo  Romano 
ei  gratiam  referre !  Sed  si  non  eadem  contendit  in 
tribunatu  Plancius,  existimare  debes  non  huic  voluntatem 
defuisse,    sed   me,  cum   tantum   iam    Plancio   deberem, 

78  Racilii  beneficiis  fuisse  contentum.  An  vero  putas 
idcirco  minus  iudices  mea  causa  esse  facturos,  quod  me 
esse  gratum  crimineris  ?     An,  cum  patres  conscripti  illo 

§  80  PRO  CN.  PLANCIO  ORATIO  41 

senatus  coiisulto,  quod  in  monimento  Marii  factum  est, 
quo  mea  salus  omnibus  est  gentibus  commendata,  uni 
Cn.  Plancio  gratias  egerint — unus  enim  fuit  de  magi- 
stratibus   defensor   salutis   meae — cui  senatus    pro    me 

5  gratias  agendas  putavit,  ei  ego  a  me  referendam  gratiam 
non  putem  ?  Atque  haec  cum  vides,  quo  me  tandem  iu 
te  animo  putas  esse,  Laterensis  ?  ullum  esse  tantum  peri- 
culum,  tantum  laborem,  tantam  contentionem  quam  ego 
non  modo  pro  salute  tua,  sed   etiam  pro  dignitate  de- 

lo  fugerem  1  Quo  quidem  etiam  magis  sum,  non  dicam 
miser, — nam  hoc  quidem  abhorret  a  virtute  verbum — 
sed  certe  exercitus,  non  quia  multis  debeo — leve  enim 
est  onus  beneficii  [gratia] — sed  quia  saepe  concurrunt 
[propterea]  aliquorum  bene  de  me  meritorum  inter  ipsos 

15  contentiones,  ut  eodem  tempore  in  omnes  verear  ne  vix 
possim  gratus  videri. 

Sed  ego  haec  meis  ponderibus  examinabo,  non  solum  79 
quid  cuique  debeam,  sed  etiam  quid  cuiusque  intersit  et 
quid  a  me  cuiusque  tempus  poscat.     XXXIII.  Agitur 

2o  studium  tuum  vel  etiam,  si  vis,  existimatio,  laus 
aedilitatis ;  at  Cn.  Plancii  salus,  patria,  fortunae.  Salvum 
tu  me  esse  cupisti ;  hic  fecit  etiam  ut  esse  possem. 
Distineor  tamen  et  divellor  dolore  et  in  causa  dispari 
ofifendi  te  a  me  doleo ;  sed,  me  dius  fidius,  multo  citius 

25  meam  salutem  pro  te  abiecero  quam  Cn.  Plancii  salutem 
tradidero  contentioni  tuae.     Etenim,  iudices,  cum  omni-  80 
bus  virtutibus  me  adfectum  esse  cupio,  tum   nihil   est 
quod  malim  quam  me  et  esse  gratum  et  videri.     Haec 
est  enim  una  virtus  non  solum  maxima,  sed  etiam  mater 

30  virtutum   omnium    reliquarum.       Quid    est   pietas   nisi 

42  M.  TULLI  CICERONIS  §  81 

voluntas  grata  iu  parentes?  qui  sunt  boni  cives,  qui 
belli,  qui  domi  de  patria  bene  merentes,  nisi  qui  patriae 
beneficia  meminerunt  1  qui  sancti,  qui  religionum  colentes, 
nisi  qui  meritam  dis  immortalibus  gratiam  iustis  honori- 
bus  et  memori  mente  persolvunt  1  Quae  potest  esse  5 
vitae  iucunditas  sublatis  amicitiis?  quae  porro  amicitia 

81  potest  esse  inter  ingratos  ?  Quis  est  nostrum  liberaliter 
educatus,  cui  non  educatores,  cui  non  magistri  sui  atque 
doctores,  cui  non  locus  ipse  mutus  ille,  ubi  alitus  aut 
doctus  est,  cum  grata  recordatione  in  mente  versetur  ?  lo 
Cuius  opes  tantae  esse  possunt  aut  unquam  fuerunt,  quae 
sine  multorum  amicorum  officiis  stare  possint?  quae 
certe  sublata  memoria  et  gratia  nulla  exstare  possunt. 
Equidem  nihil  tam  proprium  hominis  existimo  quam  non 
modo  beneficio,  sed  etiam  benivolentiae  significatione  15 
adligari ;  nihil  porro  tam  inhumanum,  tam  immane,  tam 
ferum  quam  committere  ut  beneficio  non  dicam  indignus, 

82  sed  victus  esse  videare.  Quae  cum  ita  sint,  iam 
succumbam,  Laterensis,  isti  tuo  crimini,  meque  in  eo 
ipso,  in  quo  nihil  potest  esse  nimium,  quoniam  ita  tu  vis,  ?o 
nimium  esse  concedam  petamque  a  vobis,  iudices,  ut  eum 
beneficio  complectamini,  quem  qui  reprehendit,  in  eo 
reprehendit,  quod  gratum  praeter  modum  dicat  esse. 
Neque  enim  illud  ad  neglegendam  meam  gratiam  debet 
valere,  quod  dixit  idem,  vos  nec  nocentes  nec  litigiosos  25 
esse,  quo  minus  me  apud  vos  valere  oporteret;  quasi 
vero  in  amicitia  mea  non  haec  praesidia,  si  quae  forte  sunt 
in  me,  parata  semper  amicis  esse  maluerim  quam 
necessaria.  Etenim  ego  de  me  tantum  audeo  dicere, 
amicitiam    meam    voluptati    pluribus    quam    praesidio 

§  85  PRO  CN.  rLANCIO  ORATIO  43 

fuisse;  meque  vehementer  vitae  meae  paeniteret,  si  in 
mea  familiaritate  locus  esset  nemini  nisi  litigioso  aut 

§§  83-85.  Cicero^s  answers  to  three  minor  charges  of  Laterensis — 
that  (1)  his  epilogues  are  too  tearful ;  (2)  he  will  defend  any- 
hody  ;  (3)  hisjokes  are  bad. 

XXXIV.  Sed  haec  nescio  quo  modo  frequenter  in  me  83 

5  congessisti  saneque  in  eo  creber  fuisti,  te  idcirco  in  ludos 
causam  conicere  noluisse,  ne  ego  mea  consuetudine  aliquid 
de  tensis  misericordiae  causa  dicerem,  quod  in  aliis 
aedilibus  ante  fecissem.  Nonnihil  egisti  hoc  loco,  nam 
mihi  eripuisti  ornamentum  orationis  meae ;  deridebor,  si 

lo  mentionem  tensarum  fecero,  cum  tu  id  praedixeris ;  sine 
tensis  autem  quid  potero  dicere?  Hic  etiam  addidisti 
me  idcirco  mea  lege  exilio  ambitum  sanxisse,  ut  misera- 
biliores  epilogos  possem  dicere.  Nonne  vobis  videtur 
cum  aliquo  declamatore,  non  cum  laboris  et  fori  discipulo 

'5  disputare  1     '  Rhodi  enim '  inquit  '  ego  non  fui ' ;  me  vult  84 
fuisse ;  '  sed  fui '  inquit — putabam  in  Vaccaeis  dicturum 
—  'bis   in   Bithynia.'      Si   locus    habet    reprehensionis 
ansam   aliquam,  nescio   cur   severiorem   Nicaeam    putes 
quam  Rhodum ;  si  spectanda  causa  est,  et  tu  in  Bithynia 

2o  summa  cum  dignitate  fuisti  et  ego  Rhodi  non  minore. 
Nam  quod  in  eo  me  reprehendisti,  quod  nimium  multos 
defenderem,  utinam  et  tu,  qui  potes,  et  ceteri,  qui 
defugiunt,  vellent  me  labore  hoc  levare  !  Sed  fit  vestra 
diligentia,  qui  causis  ponderandis  omnes  fere  repudiatis, 

25  ut  ad  nos  pleraeque  confiuant,  qui  miseris  et  laborantibus 
negare  nihil  possumus.     Admonuisti  etiam,  quod  in  Creta  85 

44  M.  TULLI  CICERONIS  §  86 

fuisses,  dictum  aliquod  in  petitionem  tuam  dici  potuisse ; 
me  id  perdidisse.  Uter  igitur  nostrum  est  cupidior 
dicti  ?  egone,  qui  quod  dici  potuit  non  dixerim,  an  tu,  qui 
etiam  ipse  in  te  dixeris  ?  Te  aiebas  de  tuis  rebus  gestis 
nullas  litteras  misisse,  quod  mihi  meae,  quas  ad  aliquem  5 
misissem,  obfuissent.  Quas  ego  mihi  obfuisse  non  in- 
tellego,  rei  publicae  video  prodesse  potuisse. 

§§  86-90.  Cicero  justifies  Ms  hurried  withdrawal  from  Rmne. 
He  had  retired,  not  because  he  feared  death,  but  because  he 
did  not  wish  to  involve  the  State  in  civil  war  ;  he  wished  also 
to  give  the  senate  and  pecyple  an  opportunity  of  showing  their 
gratitude  by  recalling  himfrom  exile. 

86  XXXV.  Sed  sunt  haec  leviora,  illa  vero  gravia  atque 
magna,  quod  meum  discessum,  quem  saepe  defleras,  nunc 
quasi  reprehendere  et  subaccusare  voluisti.  Dixisti  enim  10 
non  auxilium  mihi,  sed  me  auxilio  defuisse.  Ego  vero 
fateor  me,  quod  viderim  mihi  auxilium  non  deesse,  idcirco 
me  illi  auxilio  pepercisse.  Qui  enim  status,  quod  discri- 
men,  quae  fuerit  in  re  publica  tempestas  illa  quis  nescit  % 
Tribunicius  me  terror  an  consularis  furor  movit  ?  Decer-  15 
tare  mihi  ferro  magnum  fuit  cum  reliquiis  eorum,  quos 
ego  florentes  atque  integros  sine  ferro  viceram  %  Consules 
post  hominum  memoriam  taeterrimi  atque  turpissimi, 
sicut  et  illa  principia  et  hi  recentes  rerum  exitus  decla- 
rarunt,  quorum  alter  exercitum  perdidit,  alter  vendidit,  20 
emptis  provinciis,  a  senatu,  a  re  publica,  a  bonis  omnibus 
defecerant ;  qui  exercitu,  qui  armis,  qui  opibus  plurimum 
poterant,  cum  quid  sentirent  nesciretur,  furialis  illa  vox. 
nefariis   stupris    religiosis    altaribus    inlatis   effeminata, 

§  88  PRO  CN.  PLANCIO  ORATIO  46 

secum  et  illos  et  consules  facere  acerbissime  personabat; 
egentes  in  locupletes,  perditi  in  bonos,  servi  in  dominos 
armabantur.     At  erat  mecum  senatus  et  quidem  veste  87 
mutata,    quod   pro   me    uno  post    hominum   memoriam 

5  publico  consilio  susceptum  est.  Sed  recordare,  qui  tum 
fuerint  consulum  nomine  hostes,  qui  soli  in  hac  urbe 
senatum  senatui  parere  non  sierint,  edictoque  suo  non 
luctum  patribus  conscriptis,  sed  indicia  luctus  ademerint. 
At  erat  mecum  cunctus  equester  ordo :  quem  quidem  in 

lo  contionibus  saltator  ille  Catilinae  consul  proscriptionis 
denuntiatione  terrebat.  At  tota  Italia  convenerat,  cui 
quidem  belli  intestini  et  vastitatis  metus  inferebatur. 

XXXVI.  Hisce  ego  auxiliis  studentibus  atque  incitatis 
uti  me,  Laterensis,  potuisse  confiteor,  sed  erat  non  iure, 

15  non  legibus,  non  disceptando  decertandum ;  nam  profecto, 
praesertim  tam  bona  in  causa,  nunquam,  quo  ceteri  saepe 
abundarunt,  id  mihi  ipsi  auxilium  meum  defuisset ;  armis 
fuit,  armis,  inquam,  fuit  dimicandum ;  quibus  a  servis  atque 
a  servorum  ducibus  caedem  fieri  senatus  et  bonorum  rei 

2o  publicae   exitiosum   fuisset.      Vinci   autem  improbos  a  88 
bonis  fateor  fuisse  praeclarum,  si  finem  tum  vincendi 
viderem.       Ubi   enim   mihi   praesto   fuissent   aut   tam 
fortes   consules,    quam    L.  Opimius,   quam   C.    Marius, 
quam  L.   Flaccus,   quibus   ducibus   improbos   cives  res 

25  publica  vicit  armatis,  aut,  si  minus  fortes,  at  tamen 
tam  iusti,  quam  P.  Mucius,  qui  arma,  quae  privatus 
P.  Scipio  ceperat,  ea  Ti.  Graccho  interempto  iure  optimo 
sumpta  esse  defendit^  Esset  igitur  pugnandum  cum 
consulibus.      Nihil  dico  amplius,   nisi  illud  :    victoriae 

30  nostrae  graves  adversarios  paratos,  interitus  nullos  esse 

46  M.  TULLI  CICERONIS  §  89 

89  ultores  videbam.  Hisce  ego  auxiliis  salutis  meae  si 
idcireo  defui,  quia  nolui  dimicare,  fatebor,  id  quod  vis, 
non  mihi  auxilium,  sed  me  auxilio  defuisse ;  sin  autem, 
quo  maiora  studia  in  me  bonorum  fuerunt,  hoc  iis  magis 
consulendum  et  parcendum  putavi,  tu  id  in  me  reprehen-  5 
dis,  quod  Q.  Metello  laudi  datum  est  hodieque  est  et 
semper  erit  maximae  gloriae  ?  quem,  ut  potes  ex  multis 
audire,  qui  tum  adfuerunt,  constat  invitissimis  viris  bonis 
cessisse,  nec  fuisse  dubium,  quin  contentione  et  armis 
superior  posset  esse.  Ergo  ille  cum  suum,  non  senatus  10 
factum  defenderet,  cum  perseverantiam  sententiae  suae, 
non  salutem  rei  publicae  retinuisset,  tamen  ob  illam 
constantiam,  qua  illud  voluntarium  vulnus  accepit, 
iustissimos  omnium  Metellorum  et  clarissimos  triumphos 
gloria  et  laude  superavit,  quod  et  illos  ipsos  improbis-  15 
simos  cives  interfici  noluit,  et  ne  quis  bonus  interiret  in 
eadem  caede  providit;  ego  tantis  periculis  propositis  cum, 

si  victus  essem,  interitus  rei  publicae,  si  vicissem,  infinita 
dimicatio  pararetur,  committerem  ut  idem  perditor  rei 
publicae  nominarer,  qui  servator  fuissem  ?  20 

90  XXXVII.  Mortem  me  timuisse  dicis. — Ego  vero  ne 
immortalitatem  quidem  contra  rem  publicam  accipiendam 
putarem,  nedum  emori  cum  pernicie  rei  publicae  vellem. 
Nam  qui  pro  re  publica  vitam  ediderunt — licet  me 
desipere  dicatis  —  nunquam  me  hercule  eos  mortem  25 
potius  quam  immortalitatem  adsecutos  putavi.    Ego  vero 

si  tum  illorum  impiorum  ferro  ac  manu  concidissem,  in 
perpetuum  res  publica  civile  praesidium  salutis  suae  per- 
didisset.  Quin  etiam  si  me  vis  aliqua  morbi  aut  natura 
ipsa   consumpsisset,    tamen    auxilia    posteritatis    essent  30 

§  92  rilO  CN.  rLANCIO  ORATIO  47 

imminuta,  quod  peremptum  esset  mea  morte  id  exem- 
plura,  qualis  futurus  in  me  retinendo  fuisset  senatus 
populusque  Romanus.  An  si  unquam  vitae  cupiditas  in 
me  fuisset,  ego  mense  Decembri  mei  consulatus  omnium 
5  parricidarum  tela  commossem  ?  quae,  si  viginti  quiessem 
dies,  in  aliorum  vigiliam  consulum  recidissent.  Quam  ob 
rem,  si  vitae  cupiditas  contra  rem  publicam  est  turpis, 
certe  multo  mortis  cupiditas  mea  turpior  fuisset  cum 
pernicie  civitatis. 

§§  91-94.  Cicero  rebuts  Laterensis^  reproof  that  he  had  heen 
inconsistent  in  his  public  life  and  forfeited  his  liherty  of 
action,  hy  pointing  out  that  a  man  must  sometimes  regard 
his  own  safety  after  doing  his  hest  for  the  safety  of  the  State. 
A  politician  must  adapt  himself  to  changing  circumstances 
if  necessary  for  the  puhlic  good. 

To       Nam  quod  te  esse  in  re  publica  liberum  es  gloriatus,  id  91 
ego  et  fateor  et  laetor  et  tibi  etiam  in  hoc  gratulor :  quod 
me   autem   negasti,  in    eo  neque   te   neque    quemquam 
diutius  patiar  errare.     XXXVIII.  Nam  si  quis  idcirco 
aliquid  de  libertate  mea  deminutum  putat,  quod  non  ab 

15  omnibus  eisdem,  a  quibus  antea  solitus  sum  dissentire, 
dissentiam,  primum,  si  bene  de  me  meritis  gratum  me 
praebeo,  non  desino  incurrere  in  crimen  hominis  nimium 
memoris  nimiumque  grati ;  sin  autem  aliquando  sine  ullo 
rei  publicae  detrimento  respicio  etiam  salutem  cum  meam 

2o  tum  meorum,  certe  non  modo  non  sum  reprehendendus, 
sed  etiam  si  ruere  vellem,  boni  viri  me,  ut  id  ne  facerem, 
rogarent.     Res  vero  ipsa  publica,  si  loqui  posset,  ageret  92 
mecum   ut,   quoniam   sibi   servissem   semper,   nunquam 
mihi,  fructus  autem  ex  sese  non,  ut  oportuisset,  laetos  et 

48  M.  TULLI  CICERONIS  §  93 

uberes,  sed  magna  acerbitate  permixtos  tulissem,  ut  iam 
miiii  servirem,  consulerem  meis ;  se  non  modo  satis 
habere  a  me,  sed  etiam  vereri,  ne  parum  mihi  pro  eo, 

93  quantum  a  me  haberet,  reddidisset.  Quid  1  si  horum 
ego  nihil  cogito  et  idem  sum  in  re  publica,  qui  fui  s 
semper,  tamenne  libertatem  requires  meam  ?  quani  tu 
ponis  in  eo,  si  semper  cum  iis,  quibuscum  aliquando 
contendimus,  depugnemus.  Quod  est  longe  secus.  Stare 
enim  omnes  debemus  tanquam  in  orbe  aliquo  rei  publi- 
cae,  qui  quoniam  versatur,  eam  deligere  partem,  ad  quam  lo 
nos  illius  utilitas  salusque  converterit. 

XXXIX.  Ego  autem  Cn.  Pompeium  non  dico  auc- 
torem,  ducem,  defensorem  salutis  meae — nam  haec  pri- 
vatim  fortasse  officiorum  memoriam  et  gratiam  quae- 
runt — sed  dico  hoc,  quod  ad  salutem  rei  publicae  pertinet :  15 
ego  eum  non  tuear,  quem  omnes  in  re  publica  principem 
esse  conceduntl  Ego  C.  Caesaris  laudibus  desim,  quas 
primum  populi  Romani,  nunc  etiam  senatus,  cui  me 
semper  addixi,  plurimis  atque  amplissimis  iudiciis  videam 
esse  celebratas^  Tum  hercule  me  confitear  non  iudi- 20 
cium  aliquod  habuisse  de  utilitate  rei  publicae,  sed  homini- 

94  bus  amicum  aut  inimicum  fuisse.  An,  cum  videam 
navem  secundis  ventis  cursum  tenentem  suum,  si  non  eum 
petat  portum,  quem  ego  aliquando  probavi,  sed  alium 
non  minus  tutum  atque  tranquillum,  cum  tempestate  25 
pugnem  periculose  potius  quam  illi  salute  praesertim  pro- 
posita  obtemperem  et  paream?  Ego  vero  haec  didici, 
haec  vidi,  haec  scripta  legi,  haec  de  sapientissimis  et 
clarissimis  viris  et  in  hac  re  publica  et  in  aliis  civitatibus 
monimenta  nobis   et   litterae   prodiderunt,  non   semper  30 


easdem  sententias  ab  eisdem,  sed  quascunque  rei  publicae 
status,  inclinatio  temporum,  ratio  concordiae  postularet, 
esse  defensas.  Quod  ego  et  facio,  Laterensis,  et  semper 
faciam  libertatemque,  quam  tu  in  me  requiris,  quam  ego 
5  neque  dimisi  unquam  neque  dimittam,  non  in  pertinacia, 
sed  in  quadam  moderatione  positam  putabo. 

§§  95-100.  Latercnsis  had  chargcd  Cicero  with  exaggerating  the 
dangers  from  ivhich  Plancius  rescued  him  ;  Cicero  describes 
them  to  disprove  this  statetnent. 

XL.  Nunc  venio  ad  illud  extremum,  in  quo  dixisti,  95 
dum  Plancii  in  me  meritum  verhis  extollerem,  me  arcum 
facere  e  cloaca  lapidemque  e  sepulcro  venerari  pro  deo  : 

lo  neque  enim  mihi  insidiarum  periculum  ullum  neqice 
mortis  fuisse.  Cuius  ego  temporis  rationem  explicabo 
brevi  neque  invitus.  Nihil  enim  est  ex  meis  temporibus, 
quod  minus  pervagatum  quodque  minus  aut  mea  com- 
memoratione  celebratum  sit  aut  hominibus  auditum  atque 

15  notum.  Ego  enim,  Laterensis,  ex  illo  incendio  legum, 
iuris,  senatus,  bonorum  omnium  cedens,  cum  mea  domus 
ardore  suo  deflagrationem  urbi  atque  Italiae  toti  mina- 
retur,  nisi  quievissem,  Siciliam  petivi  animo,  quae  et  ipsa 
erat  mihi  sicut  domus  mea  couiuncta  et  obtinebatur  a  0. 

2o  Vergilio,  quocum  me  uno  vel  maxime  cum  vetustas  tum 
amicitia,  cum  mei  fratris  coUegia  tum  rei  publicae  causa 
sociarat.     Vide  nunc  caliginem  temporum  illorum.     Cum  96 
ipsa  paene  insula  mihi  sese  obviam  ferre  vellet,  praetor 
ille,  eiusdem  tribuni  plebis  contionibus  propter  eandem 

25  rei  publicae  causam  saepe  vexatus,  nihil  amplius  dico  nisi 
me  in  Siciliam  venire  noluit.     Quid  dicam  ?     C.  Vergilio, 

50  M.  TULLI  CICERONIS  §  97 

tali  civi  et  viro,  benivolentiam  in  me,  memoriam  eom- 
munium  temporum,  pietatem,  humanitatem,  fidem  de- 
fuisse  1  Nihii,  iudices,  est  eorum ;  sed,  quam  tempestatem 
nos  vobiscum  non  tulissemus,  metuit,  ut  eam  ipse  posset 
opibus  suis  sustinere.     Tum  consilio  repente  mutato  iter  s 

97  a  Vibone  Brundisium  terra  petere  contendi.     Nam  mari- 
timos  cursus  praecludebat  hiemis  magnitudo. 

XLI.  Cum  omnia  illa  municipia,  quae  sunt  a  Vibone 
Brundisium,  in  fide  mea,  iudices,  essent,  iter  mihi  tutum 
multis  minitantibus  magno  cum  suo  metu  praestiterunt.  lo 
Brundisium  veni  vel  potius  ad  moenia  accessi.  Urbem 
unam  mihi  amicissimam  declinavi,  quae  se  vellet  potius 
exscindi  quam  e  suo  complexu  ut  eriperer  facile  pateretur. 
In  hortos  me  M.  Laenii  Flacci  contuli.  Cui  cum  omnis 
metus,  publicatio  bonorum,  exilium,  mors  proponeretur,  15 
haec  perpeti,  si  acciderent,  maluit  quam  custodiam  mei 
capitis  diraittere.  Cuius  ego  et  parentis  eius,  prudentis- 
simi  atque  optimi  senis,  et  fratris  et  utriusque  filiorum 
manibus  in  navi  tuta  ac  fideli  collocatus  eorumque  preces 
et  vota  de  meo  reditu  exaudiens  Dyrrachium,  quod  erat 

98  in  fide  mea,  petere  contendi.  Quo  cum  venissem,  cognovi, 
id  quod  audieram,  refertam  esse  Graeciam  sceleratissi- 
raorum  hominum  ac  nefariorum,  quorum  impium  ferrum 
ignesque  pestiferos  meus  ille  consulatus  e  manibus  extor- 
serat ;  qui  antequam  de  meo  adventu  audire  potuissent,  25 
cum  etiam  tum  abessent  aliquot  dierum  viam,  in  Mace- 
doniam  ad  Planciumque  perrexi.  Hic  vero  simul  atque 
mare  me  transisse  cognovit — audi,  audi  atque  attende 
Laterensis,  ut  scias  quid  ego  Plancio  debeam  confiteareque 
aliquando  me  quod  faciam  et  grate  et  pie  facere ;  huic,  30 

§  101  PRO  CN.  PLANCIO  ORATIO  61 

quae  pro  salute  mea  fecerit  si  minus  profutura  sint,  obesse 
certe  non  oportere : — nam  simul  ac  me  Dyrrachium 
attigisse  audivit,  statim  ad  me  lictoribus  dimissis,  insigni- 
bus  abiectis,  veste  mutata  profectus  est.     0  acerbam  mihi,  99 

5  iudices,  memoriam  temporis  illius  et  loci,  cum  hic  in  me 
incidit,  cum  complexus  est  conspersitque  lacrimis  nec  loqui 
prae  maerore  potuit !  0  rem  cum  auditu  crudelem  tum 
visu  nefariam !  o  reliquos  omnes  dies  noctesque  eas, 
quibus  iste  a  me  non  recedens  Thessalonicam  me  in  quae- 

lo  storiumque  perduxit !  Hic  ego  nunc  de  praetore  Mace- 
doniae  nihil  dicam  amplius  nisi  eum  et  civem  optimum 
semper  et  mihi  amicum  fuisse,  sed  eadem  timuisse  quae 
ceteros ;  Cn.  Plancium  fuisse  unum,  non  qui  minus 
timeret,  sed,  si  acciderent  ea,  quae  timerentur,  mecum  ea 

15  subire  et  perpeti  vellet.     Qui,  cum  ad  me  L.   Tubero,  loo 
meus  necessarius,  qui  fratri  meo  legatus  fuisset,  decedens 
ex  Asia  venisset   easque  insidias,  quas  mihi  paratas  ab 
exulibus   coniuratis  audierat,   ad  me  animo   amicissimo 
detulisset,  in  Asiam  me  ire  propter  eius  provinciae  mecum 

2o  et  cum  meo  fratre  necessitudinem  comparantem  non  est 
passus :  vi  me,  vi  inquam,  Plancius  et  complexu  suo 
retinuit  multosque  menses  a  capite  meo  non  discessit 
abiecta  quaestoria  persona  comitisque  sumpta. 

§§  101-104.  Peroration. — Cicero  appeals  to  the  jury  arid  the 
presideifii  of  the  court  on  hehalf  of  Plancius,  who,  he  says, 
deserves  their  sympathy  and  aid  on  account  of  his  many  ser- 
vices  to  citizens,  and  especially  to  one  citizen — Oicero  himself 


XLII.     0    excubias    tuas,    Cn.  Planci,    miseras !    o  101 
flebiles  vigilias  !  o  noctes  acerbas  !  o  custodiam  etiam  mei 

52  M.  TULLI  CICERONIS  §  102 

capitis  infelicem  !  siquidem  ego  tibi  vivus  non  prosum, 
qui  fortasse  mortuus  profuissem.  Memini  enim,  memini 
neque  unquam  obliviscar  noctis  illius,  cum  tibi  vigilanti, 
adsidenti,  maerenti  vana  quaedam  miser  atque  inania  falsa 
spe  inductus  pollicebar :  me,  si  essem  in  patriam  resti-  5 
tutus,  praesentem  tibi  gratias  relaturum ;  sin  aut  vitam 
mihi  fors  ademisset  aut  vis  aliqua  maior  reditum  pere- 
misset,  hos,  hos — quos  enim  ego  tum  alios  animo  in- 
tuebar? — omnia  tibi  illorum  laborum  praemia  pro  me 
persoluturos.  Quid  me  adspectas?  quid  mea  promissa  ic 
repetis  1  quid  meam  fidem  imploras  1  Nihil  tibi  ego  tum 
de  meis  opibus  pollicebar,  sed  de  horum  erga  me  beni- 
volentia  promittebam ;  hos  pro  me  lugere,  hos  gemere, 
hos  decertare  pro  meo  capite  vel  vitae  periculo  velle 
videbam ;  de  horum  desiderio,  luctu,  querelis  cotidie 
aliquid  tecum  simul  audiebam ;  nunc  timeo,  ne  tibi  nihil 
praeter  lacrimas  queam  reddere,  quas  tu  in  meis  acerbita- 
102  tibus  plurimas  effudisti.  Quid  enim  possum  aliud  nisi 
maerere,  nisi  flere,  nisi  te  cum  mea  salute  complecti? 
Salutem  tibi  iidem  dare  possunt,  qui  mihi  reddiderunt. 
Te  tamen — exsurge,  quaeso — retinebo  et  complectar,  nec 
me  solum  deprecatorem  fortunarum  tuarum,  sed  comi- 
tem  sociumque  profitebor ;  atque,  ut  spero,  nemo  erit  tam 
crudeli  animo  tamque  inhumano  nec  tam  immemor  non 
dicam  meorum  in  bonos  meritorum,  sed  bonorum  in  me,  25 
qui  a  me  mei  servatorem  capitis  divellat  ac  distrahat. 
Non  ego  meis  ornatum  beneficiis  a  vobis  deprecor,  iudices, 
sed  custodem  salutis  meae,  non  opibus  contendo,  non 
auctoritate,  non  gratia,  sed  precibus,  sed  lacrimis,  sed  . 
misericordia  ;   mecumque  vos   simul  hic  miserrimus  et  30 

§  101  rilO  CN.  rLANCIO  ORATIO  53 

optimus  obtestatur  parens  et  pro  uno  filio  duo  j^atres 
deprecamur.     Nolite,  iudices,  per  vos,  per  fortunas,  per  103 
liberos  vestros,  inimicis  meis,  iis  praesertim,  quos  ego  pro 
vestra  salute  suscepi,  dare  laetitiam  gloriantibus  vos  iam 

5  oblitos  mei  salutis  eius,  a  quo  mea  salus  conservata  est, 
hostes  exstitisse;  nolite  animum  meum  debilitare  cum 
luctu  tuni  etiam  metu  commutatae  vestrae  voluntatis  erga 
me ;  sinite  me,  quod  vobis  fretus  huic  saepe  promisi,  id  a 
vobis  ei  persolvere.     Teque,  C.  Flave,  oro  et  obtestor,  104 

lo  qui  meorum  consiliorum  in  consulatu  socius,  periculorum 
particeps,  rerum  quas  gessi  adiutor  fuisti  meque  non  modo 
salvum  semper,  sed  etiam  ornatum  florentemque  esse 
voluisti,  ut  mihi  per  hos  conserves  eum,  per  quem  me  tibi 
et  his  conservatum  vides.     Plura  ne   dicam,   tuae   me 

15  etiam  lacrimae  impediunt  vestraeque,  iudices,  non  solum 
meae,  quibus  ego  magno  in  metu  meo  subito  inducor  in 
spem,  vos  eosdem  in  hoc  conservando  futuros,  qui  fueritis 
in  me,  quoniam  istis  vestris  lacrimis  de  illis  recordor, 
quas  pro  me  saepe  et  multum  profudistis. 


The  exordium,  §§  1-4,  the  object  of  which  is  ut  attentos,  bene- 
volos,  dociles  auditores  habeamus,  contains  the  propositio  and 
partitio  in  §§  3  and  4  ;  vide  Introduction  §  31. 
1  §  1  1.  2.  in  mea  salute  custodienda  :  in  the  year  58  b.c. 
Cicero,  banished  froni  Ronie  by  Clodius'  agency,  was  welcomed  by 
Plancius,  who  was  then  quaestor  at  Thessalonica  ;  vide  Introd. 
§  12  ;  cf.  ad  Att.  14.  22,  ad  Fam.  14-1. 

fldem  :  the  many  meanings  of  fides  are  best  given  thus  : — 
I.  Subjective — {a)  active  :  '  faith,'  '  confidence  which  one  holds,' 
alicui  fidem  habere  'to  place  confidence  in,'  facta  fide  im- 
mortalitatis ;  (b)  passive :  'confidence  which  one  receives,' 
'credit,'  '  credibility, '  nullam  fidem  habere  *to  be  considered 
incredible';  (c)  intransitive :  'loyalty,'  'uprightness,'  fides 
deficere  coepit.  II.  Objective  —  (a)  active :  'a  pledge,'  'one's 
word,'  date  dextras  fidemque ;  (b)  passive :  'that  which  is 
promised,'  'a  promise,'  per  fas  ct  fidem  decepti,  fidem  servare  ; 
(c)  intransitive :  'certainty,'  '  credibility,' ^o^es  historica,  data 
dextra  fidem  futurae  amicitiae  sancire. 

bonos,  '  well-disposed,'  probably  alluding  to  those  whom 
Cicero  thought  boni,  the  good  patriots,  the  Optimates. 

3.  honori :  the  office  of  aedile,  for  which  Plancius  had  been 
candidate  in  54  B.c.  ;  Introd.  §  2. 

4.  ofiacium,   'kindness,'  'friendly  aid.' 

5.  meorum  temporum :  Cicero  often  uses  tempus  in  the 
sense  of  calamitas  alluding  to  his  exile  ;  pro  Sest.  58.  123,  ad 
Fam.  6.  6. 

sufifrag-ari :  deponent  verbs  in  -ari  are  particularly  common 
in  Cicero,  and  may  be  regarded  as  a  peculiarity  of  his  style  ; 
cf.  in  tlie  exordium  contemplor,  deprecor.  svffrayari  properly 
=  '  to  give  a  vote  for,*  then  simply  '  to  support.' 


6.  cum  autem  audirem  :  an  instance  of  the  rhetorical 
figure  simulatio  (Cornif.  4.  26).  Cicero  knows  (as  is  evident  from 
c.  15)  that  most  of  his  audience  are  opposed  to  him,  but 
pretends  {simulat)  that  it  is  not  so,  because  at  one  time  some 
of  their  number  supported  his  recall  from  exile,  and  Plancius' 
kindness  then  they  must  have  approved  of. 

meos  .  .  inimicos  .  .  invidos  :  both  adjectives  are  here 
used  as  substantives  ;  generally  speaking,  the  principle  is  not 
common  in  Latin,  cf.  Nagelsbach  Lat.  Stil.  26  ;  such  sub- 
stantivised  adjectives  are  usually  of  the  second  declension,  with 
three  main  uses — (a)  concrete  plurals :  vera,  boni,  recti;  (^) 
abstract  singulars  :  Jwnestum,  sa^nens,  rectum  ;  [y)  neuter  plurals, 
but  nearly  always  iu  the  accusative  or  nominative.  With  regard 
to  the  imitation  of  these  uses  the  one  criterion  is  clearness :  is 
the  sentence  absolutely  free  from  all  ambiguity  ?  inimid 
manifesti  sunt,  invidi  ohscuri,  Ernesti. 

9.  dolebam  si :  cf.  Livy  2.  28  indignatione  patrum  si 
invidiam  consulcs  .  .  reicerent ;  cf.  miror  si,  Gk.  ei. 

10.  infestior  :  in  a  passive  sense,  'imperilled';  cLproEosc. 

Am.  30  filii  vita  infcsta,  mare  infestum. 

12.  praesidio  custodiaque :  for  the  combination  of  two 
almost  synonymous  expressions  cf.  in  this  exordium  alone 
egregia  ct  singularis,  doleham  et  acerhe  ferebam,  praesidio 
custodiaque,  conspectus  et  consessus,  reficit  et  recreat,  intueor  et  con- 
templor,  non  sumo  neque  adrogo,  and  numerous  other  instances 
throughout  the  speech,  There  seems  little  doubt  that  this 
trick  of  rhetorical  pleonasm  was  a  peculiarity  of  Cicero's  style  ; 
the  words  which  are  joined  are  not  always  exactly  synonymous, 
and  as  far  as  combinations  are  not  merely  the  result  of  a 
rhetorical  desire  to  use  as  many  words  as  possible  and  yet  not 
be  definite,  we  may  say  that  they  are  equivalent  to  a  strengthen- 
ing  adverb  ;  thus  reficit  et  recreat  '  considerahly  revives  me '  ;  so 
relinquere  et  deserere  'to  w^forZi/ abandon,'  hcllum  denurdiatur 
et  itvdicitur  *  war  is  formally  declared '  ;  so  oro  aique  ohsecro, 
dAvello  ac  distraho,  fundere  et  fugare,  reicere  et  aspernari,  pro- 
spicere  et  consulere  ;  vide  Heynacher  Lat.  Stilistik  p.  30. 

2       §2  1.1.  unum  quemque,   *each  individual.' 

2.  hoc  in  numero  =  horum  in  numero. 

3.  exstet,  'stands  out  prominently.'  The  Latin  language 
prefers  to  use  a  picturesque  vivid  word  where  in  English  we 
should  often  use  the  mere  copula  '  to  be '  ;  similarly  the  Latins 
usually  prefer  a  compound  verb  to  a  simple  one. 

NOTES  57 

G.  salvum  videre  voluerunt :  several  editors  wish  to  cut 
out  vidcrc,  because  salvum  cupcre  or  vclle  is  a  favourite  phrase  of 
Cicero's  ;  it  seems  better  to  keep  the  MS.  reading. 

salvum  :  in  so  far  as  they  voted  for  his  recall. 

7.  saepius  etc.  :  the  fact  that  Laterensis  has  accused 
Plancius  fills  Cicero  with  surprise  and  fear — surprise,  that  whilst 
he  might  have  accused  so  many  others  he  has  chosen  Plancius, 
who  as  Cicero's  preserver  ought  to  have  been  respected  by 
Laterensis,  Cicero's  friend  ;  fear,  because  he  seems  to  have 
accused  Plancius  hoping  that  the  jury  will  condemn  him  because 
they  are  enemies  of  Cicero.  After  venit  in  mentem  we  expect 
magis,  but  the  comparative  idea  is  contained  in  the  gerundive  ; 
cf.  Sall.  Cat.  48.  5  tania  vis  homiiiis  leniunda  quam  exagitanda 
videhaiur,  Tac.  Germ.  6  cedere  loco  consilii  quam  formidinis 
arhitrantior.  This  ellipse  of  magis  or  potius  is  very  common  in 
late  Latin.  Cf.  Reisig-Haase  N.  402,  Hartel  Archiv  f.  Lat. 
Lex.  iii.  p.  14. 

11.  magna  ratione,  'on  good  grounds,'  *with  good  reason'; 
cf.  pro  Sext.  Rosc.  40  sine  causis  multis  et  magnis. 

§  3  1.  13.  consecutum  :  so  T  and  E  ;  other  MSS.  have  con- 
secuturum,  wliich,  owing  to  its  apparent  plausibility,  many 
editors  adopted,  but  without  sufficient  reason. 

15.  continentiam,  'perfect  self-control' ;  cf.  Nepos  Att. 
13.  4,  Cic.  de  Off.  2.  76  ;  =  Gk.  aw^ppoavvr)  opposed  to  dKoXacria, 
the  two  intermediate  qualities  of  which  are  dKpdTeia  and 
eyKpdreia :  thus  (rdocppojv,  iyKparrjs  opp.  dKparrjS,  dKoXacrTos,  a 
distinction  which  is  very  frec|uently  made  in  Greek  literature. 

16.  praestitero  =  si  prohavero  in  eo  omnes  illas  virtutes 

20.  ad  reliquos  labores  :  this  is  the  partitio  of  the  speech, 
vide  Introd.  §  2. 

reliquos  .  .  in  ceteris:  reliqui  is  used  of  the  remainder 
as  another  part  of  the  whole,  ceteri  the  remainder  opposed  to 
what  has  been  indicated,  the  remainder  of  the  same  genus, 
which,  regarded  separately,  make  up  the  whole  genus,  divided 
into  individuals ;  cf.  ceteris  praestare,  but  omne  reliquum  tempus. 

21.  adsumo,  '  I  take  upon  myself  in  addition ' ;  Cic.  ad 
Fam.  1.  9.  17,  ad  Att.  11.  19. 

n.  §4  1.  25.  quamquam,  'however,'  'andyet.' 

26.  ab  hoc:  i.e.  the  defendant,  Plancius.    '  And  yet,  gentle- 


men,  if  any  fanlt  has  been  fonnd  in  myself  without  my  client 
being  involved  in  it,  it  does  not  seriously  disquiet  me  ;  for  I 
am  not  apprehensive  that,  because  instances  of  gratitude  are 
extremely  rare,  the  fact  that  I  have  been  called  needlessly 
grateful  will  be  brought  up  against  me.' 

The  sense-rhythm  of  the  period  seems  rather  laboured  ;  the 
two  ideas  which  Cicero  wished  to  emphasise,  non  timeo  and 
criminos^im  esse  possit,  are  placed  at  the  beginning  and  end  of 
the  period  in  order  to  be  thrown  into  the  highest  relief.  The 
period  may  be  represented  A  /  a  (a)  /  a  (/3)  a,  where  A  =  the 
main  sentence,  a  =  the  subordinate  sentence  next  close  to  it  in 
connection,  a  =  a  clause  subordinate  to  a,  /3  a  second  clause 
dependent  on  A  ;  cf.  Gildersleeve  Lat.  Gr.  §  434. 

29.  nimium  gratum :  Cicero  does  not  use  nimium  with 
adjectives  very  often,  but  more  usually  nimis,  nir(iium  with 
adjectives  being  rather  poetical ;  cf.,  however,  §  82  nimium 
beatus,  de  Fin.  5.  81  nimium  longum.  In  sense  nimium  here  = 
'extremely,'  'unusually,'  'yerj,'  praeter  modum,  a  sense  which 
it  usually  has  in  older  and  colloquial  Latin,  e.g.  Plautus. 
This  is  probably  one  of  those  colloquialisms  which  occasionally 
occur  in  Cicero's  speeches,  e.g.  nullus  esse,  amplexo,  ni  =  si  non, 
potest  impers.,  etc. ;  cf.  Fausset^ro  Cluent.  p.  xxxvi. 
3  5.  tum  denique,  *  then  and  not  till  then,'  =  tum  demum, 
Gk.  t6t€  d-rj. 

6.  ne  non  tam  .  .  quam,  'in  order  that  more  by  .  . 
than ' ;  the  negatives  cancel  each  other. 

7.  temporum :  cf.  1.  1. 

esse  videatur  :  for  the  rhythm  of  the  ending  cf.  §  2  feclsse 
videdtUr,  which  is  substituted  for  fecerit  merely  for  the  sake  of 
euphony.  Quintilian  describes  this  ending,  esse  vuledtur,  as 
iam  paene  nimis  usitatum;  vide  Cic.  Or.  64,  de  Or.  47-49, 
Ar.  F,het.  3.  8,  Quint.  9.  4.  45. 

§  5  1.  8,  facili  etc,  *  but  although  the  case  is  so  simple 
and  straightforward,  yet  the  line  of  defence  which  I  see  is  put 
forward  is  an  extremely  difficult  one,  and  requires  very  delicate 
handling.'  facilis  opposed  to  perdifficilis,  explicatus  'clear' 
opposed  to  luhricus  'slippery,'  '  treacherous '  ;  cf.  de  Off.  1.  19. 
65  locus  luhricus ;  for  a  similar  metaphor  scopulosus^difficilis, 
Div.  in  Q.  C.  36. 

perdifflcilis :  cf.  §  4  perraro ;  so  permulti,  perpauci,  etc. , 
Cicero  passim.  The  frequency  of  such  wordsin  Latin,  especially 
in  Cicero,  depends  on  (1)  love  of  variety,  (2)  love  of  rhetorical 

NOTES  69 

11.  in  tanto  usu  nostro :  in  such  combinations  tlie  pronoun, 
either  possessive  or  demonstrative,  usually  follows  tantus ;  cf, 
Verr.  5.  101  tantum  hoc  crimen,  de  Or.  11.  84  tanta  hac  in  re. 

iisu,  '  intimacy  * ;  cf.  XPW^^^  "''^  ^^Xy.  For  Cicero'3 
friendship  with  Laterensis  vide  Introd.  §  11. 

]  2.  lex  amicitiae  :  cf.  Sall.  Cat.  20.  4  idem  velle  atque  idem 
nolle  ea  dcmum  firma  amicitia  est. 

19.  contentio  =  com^araifw,  'comparison,'  sometimes  to- 
gether,  de  Off.  5.  56  sed  si  contentio  et  comparatio  fiat ;  cf.  pro 
Mur.  14: /acilior  est  mihi  aditus  ad  contentionem  dignitatis. 

§  6  1.  20.  urget,  '  is  most  pressing  with  this  particular 
point.'    itrgeo  here  absohite  ;  cf.  §  48  interrogando  urgeat,  Or.  137. 

21.  si  cedo,  'if  I  admit  the  superiority  of,  give  precedence 
to,  Laterensis'  distinctions.' 

22.  ornamentis  =  nobilitas,  imaginumius  ;  §  12  splendor  et 
vetustas  familiae. 

huius  =  Plancii. 

23.  dignitatis  =  aedilitatis ;  cf.  ad  Fam.  11.  9. 

iactura  facienda  est,  '  I  must  sacrifice, '  lit.  '  I  must 
throw  overboard.'  iactura  =  the  intentional  sacrifice  of  some- 
tliing  valuable  in  order  either  to  avert  injury  or  gain  some 
greater  advantage  ;  damnum  (opp.  Zwm^ m)  =  '  loss, '  especiall)'' 
of  worldly  possessions  ;  detrimentum  (opp.  emolumentum)  = 
harra  inflicted  on  others ;  cf.  Meissner  Latin  Phrase-hook 
(transl.)  p.  57. 
4  1.  suspicio  largitionis  etc,  'I  shall  have  to  admit  that 
a  suspicion  of  bribery  attaches  itself  to  my  client,'  a  result 
which  Cicero  is  especially  anxious  to  avoid,  for  as  he  says  (§  29) 
\ipse']  mihi  in  huius  periculo  reus  esse  videor,  and  huic  tota  causa 
pendet  an  aedilitatem  largitione  sit  consecutus,  Delph. 

4.  existimatio,  '  damage  the  reputation  of  .  .'  existimatio 
has  two  senses — (1)  active  :  opinion  held  by  others,  criticism  ; 
(2)  passive  :  reputation,  character,  usually  in  a  good  sense, 
consequently  =  good  reputation,  without  the  addition  of  hona, 
integra  etc. 

si  illam  accusationis  condicionem  sequar,  'if  I  follow 
the  line  of  conducting  the  case  which  Laterensis  proposes,'  i.e. 
comparatio.  For  amicissimi  hominis  of  Laterensis  vide 
Introd.  §  11. 

5.  condicionem  :  lit.  'terms  laid  down,'  'agreement,' from 
condico  ;  MSS.  frequently  spell  the  word  conditio  ;  it  is  possible 


that  thcre  was  also  another  word  conditio  =  con-da-tio  with 
somewhat  similar  meaning,  but  the  evidence  is  uncertain.  Cf. 
Lindsay  Latin  Language  p.  341,  Athcnxieum  22nd  Feb.  1896 
p.  345. 

III.  8.  aut  te  a  Plancio  1 

autateillum      ]'^P'^^^'- 
Note  the  chiasmus  ;  in  Ciceronian   Latin  chiasmus  must  be 
regarded  not  as  a  mere  occasional  peculiarity,  but  as  a  rule. 

9.  discedam  ab,  'I  will  leave,'  'pass  over';  cf.  cum  dis- 
cesseris  ah  = '  with  the  exception  of.'  The  rhetorical  term  for 
this  is  praeteritio,  irapaK€L\}/ii :  cf.  mitto,  non  dico,  ut  Twn  dicam, 
ut  amittam,  quid  loquor  ?  quid  commemorem  ?  etc. 

10.  contentione  =  cmnparatione. 

illam :  i.e.  not  a  discussion  of  the  general  personal  merits 
of  the  candidates,  but  what  were  the  points  which  weighed  with 
the  electors  for  the  aedileship. 

§7  1.  11.  quid?  'what!'  *why!'  a  rhetorical  formula  of 

14.  per-raro  :  cf.  note  on  §  5. 

iis  magistratibus  etc.  :  i.e.  the  tribunate  of  the  plebs,  the 
praetorship,  and  the  consulate. 

16.  diligentia:  insalutando,  rogando  ct  supplicando,  Sylvius. 

20.  constituere,  *  set  up  a  claim  to  any  personal  distinction 
which  Plancius  does  not  also  possess.' 

§  8  1.  21.  sed  .  .  nunc :  revocatio. 

22.  alio  loco  :  §§  19  seqq. 

24.  nec  si :  we  should  expect  idcirco  or  propterea  inserted, 
*  nor  does  it  follow  that ' ;  cf.  Nat.  Deor.  1,  9.  21  non  enim  si 
mundus  nullus  erat  saecula  non  erant,  de  Fato  12.  28  nec  si  omne 
enuntiatum  aut  verum  aut  falsum  est  sequitur  illico  esse  causas 
immutahiles  easque  aeternas. 

26.  nam  si,  '  for  if  this  were  the  case,  a  jury  would  have  a 
privilege  which  the  patricians  in  the  time  of  our  ancestors 
failed  to  maintain — the  privilege  of  revising  the  results  of 
elections — or  rather  would  have  a  power  much  more  intolerable.' 

quod  .  .  potuerunt  is  parenthetic,  and  refers  to  vi  repre- 
hensores  .   .  essent,  to  which  also  id  belongs. 

patres  =  the  patrician  senators,  Livy  1.  17.  9,  Cic.  Brut. 
§  55,  de  Rep.  2.  56.  The  decrees  of  the  centuries  had  to  be 
confirmed  by  the  patres ;  cf.  Niebuhr  Hist.  Rom.  ii.  p.  10, 
Mommsen  Hist.  Bom.  (E.T.)  ii.  chap.  1. 

NOTES  61 

28.  vel  quod  .  .  ferendum  refers  to  what  follows,  i.e. 
the  power  not  only  of  rejecting  any  one  who  was  elected,  but 
also  of  condemning  and  ruining  him  (infra  exitio). 

29.  tum  enim  gerebat :  i.e.  a  man  who  had  been  elected 
to  a  magistracy  by  vote  of  the  people  had  to  get  his  election 
ratified  before  he  actually  entered  upon  his  duties.  This  right 
of  the  patrician  senators  to  revise  the  decrees  of  the  comitia 
centuriata  was  limited  in  339  B.c.  by  the  Lex  Puhlilia,  which 
compelled  the  senate  to  give  this  sanction  before  the  measure  was 
voted  on  (Livy  8.  12.  15  ante  initum  suffragium).  In  286  b.c. 
the  Lex  Moenia  applied  the  same  regulations  to  procedure  at 
elections.  The  formality  of  obtaining  the  consent  of  the 
patricians  remained  till  the  end  of  the  Republic.  Mommsen 
Eist.  Rom.  1.6  297. 

5  1,  exitio,  'condemnation,'  opposed  to  salus.  Cobet's 
emendation  of  the  manuscript  exilio,  which  was  probably  due 
to  some  scribe  who  knew  just  enough  of  Cicero  to  be  aware 
that  allusions  to  his  exile  are  frequent  in  his  speeches.  If  the 
MS.  reading  is  retained,  we  must  suppose  the  penalty  of  ten 
years'  exile  is  referred  to  which  was  imposed  by  the  Lex  Tullia 
de  ambitu,  and  probably  by  the  Lex  Licinia  de  sodaliciis ;  cf. 
Wunder.  prol.  iii.  chap,  3  §  4. 

3.  ianua  :  metaphorical ;  cf.  pro  Lig.  17  aditus,  pro  Cael.  26 
introitus,  pro  Mur.  S3eam  urbem  .  .  Asiae  ianuam.  The  mean- 
ing  is,  *  I  have  liad  to  give  up  my  conception  of  how  the  case 
should  betreated  and  do  whatyou  suggest,  compare  the  personal 
merits  of  the  litigants.'  ianua=propositio,  the  decision  as  to 
what  are  to  be  the  main  points  argued  in  the  case.     Introd.  §  2. 

5.  offensionis  tuae,  *  without  in  the  least  incurring  a 
suspicion  of  wounding  your  feelings  by  what  I  say.' 

6.  quod  in  discrimen  adducas,  '  because  you  seem  to  mc 
to  subject  your  merits  to  a  test  of  a  very  ambiguous  nature.' 

IV.  §  9  1.  8.  tu  .  .  tu  .  .  tu :  a  good  instance  of  anaphora 
(dpacpopd)  or  repetitio,  the  repetition  of  the  same  word  at  the 
beginning  of  several  clauses  (/cwXa),  a,figura  verhorum  of  which 
Cicero,  as  also  Demosthenes,  was  very  fond  ;  cf.  Cic.  Phil.  12. 
12.  29  credunt  improhis,  credunt  turhulentis,  credunt  suis, 
Demosth.  Mid.  72,  Cic.  iyatil.  tu  ut  unquam  te  corrigas?  tu 
ut  ullamfugam  meditere?  tu  ut  ullum  exilium  cogites?  polliceor 
vohis  hoc,  tantam  in  nohis  consulihus  fore  diligentiam,  tantam  in 
vohis  aiLctoritatem,  tantam  .  .  consensionem  etc. 

10.  aedilis :  the  aediles,  properly  'men  of  the  temple' 
{aedes)  of  Ceres,  were  instituted  at  the  same  time  as  the  plebeian 


tribimes  (494  B.c),  whose  .assistants  they  originally  were 
{vTTTjp^TaL  tCov  ^T^fiapx^v) ;  these  two  aediles  were  plebeians.  In 
366  B.c.  two  more  were  instituted,  to  be  cliosen  from  among  the 
patricians  ;  they  were  called  aediles  curules  ;  but  in  a  short  time 
the  ofRce  was  thrown  open  to  plebeians  (ef.  Livy  7.  1.  6  prima 
ut  alternis  annis  ex  plebi  fierent  convenerat ;  postea promiscuum 
fuit).  In  44  B.c.  Caesar  created  two  more  aediles,  aediles  plehis 
Ceriales  ;  under  the  Empire  the  number  of  aediles  remained  at 
six.  As  long  as  the  aediles  were  mere  assistants  to  the  tribunes 
their  duties  were  very  various  ;  by  degrees,  however,  they 
became  stereotyped.  The  most  important  were  : — (1)  cura 
ludorum^  the  management  of  the  state  games,  for  which  a 
grant  was  made  by  the  government ;  the  deficit,  which  was 
always  large,  the  aediles  paid  themselves.  They  exercised  a 
censorship  over  all  plays,  and  were  responsible  for  the  behaviour 
of  all  actors  ;  cf.  Plaut.  Amph.  prol.,  Trin.  4.  2.  147,  Cist.  epit, 
Tac.  Ann.  1.  77,  Suet.  Oct.  45,  Tertull.  in  Marcimi.  4.  (2) 
cura  urhis — {a)  cura  operum  puhlicorum,  i.e.  buildings  public 
and  private,  and  the  care  of  the  streets,  drains,  etc.  ;  (Z>) 
management  of  the  markets,  questions  of  weights  and  measures, 
prices  {annona),  etc.  ;  (c)  management  of  funerals,  the  disposal 
of  the  dead  and  the  limiting  of  unnecessary  expense  ;  {d) 
censorship  of  morals  ;  the  aediles  controlled  lenones,  meretrices, 
the  management  of  popinae,  games  of  chance  {alea),  halnea ; 
they  had  also  to  take  measures  against  the  practice  of  witchcraft 
and  poisoning.  Cf.  on  the  whole  subject  Mommsen  Staatsr.  1. 
447,  and  Becker  de  Rom.  censura  scenica. 

fractos  .  .  abiectos  .  .  repudiatos :  climax,  KXljj-a^, 

12.  me-dius  fidius :  lit.  'so  help  me  the  god  of  truth,' 
'most  certainly.'  meditis  =  me-,  a  demonstrative  particle,  cf. 
mehercule,  mecastor  {ecastor)  etc.  +  dlus,  an  older  stage  of  deus, 
dius  :  divus  {deivos,  devas,  inscr. )  :  :  gnaeus  :  Gnaivod  (inscr. ) 
This  dius  Fidius,  'god  of  faith,'  we  are  told  by  Varro  {L.  L.  10) 
and  Festus,  is  the  same  as  Semo  Sancus,  a  Sabine  deity,  father 
of  the  Sabine  hero  Sabus,  who  is  identified  with  Hercules.  His 
temple  was  near the  Sanqualis  porta ;  in  later times  he  was  regarded 
as  synonymous  with  Ze^s  TriaTLos.  This  may  probably  be  thus 
interpreted  : — In  the  Sabine  territory  there  existed  at  an  early 
period  a  local  cult  of  one  Semo  Sancus,  whose  chief  attribute 
was  the  giving  of  fertility  to  crops  (cf.  semen  ;  Semones,  title  of 
Pales  and  Flora),  but  who  was  regarded  also  as  presiding  over 
oaths  and  good  faith  generally.  When  the  earlier  Heracles 
myth  spread  through  Latium,  owing  to  the  fact  that  some  of 

NOTES  63 

the  attributes  of  Heracles  (or  by  now  Hercules)  and  Sancus 
corresponded,  the  two  cults  coalesccd.  Later,  when  more  exact 
and  erudite  notions  of  Greek  mythology  came  to  Rome,  Sancus, 
with  his  attribute  Fidius,  was  regarded  as  equivalent  to  Ttev^ 
TriaTios,  the  -dius  of  medius  having  ah-eady  been  connected  with 
Ma  (so  Festus).  For  references  to  this  compound  deity  vide 
Varro  L.  L.  10,  Ov.  Fasti  6.  213,  Plaut.  As.  1.  1.  8,  Livy  8. 
20,  Prop.  4.  (9)  9.  74,  Preller  Myth.  p.  634. 

16.  esse  videatur :  vide  §  4.  Amongst  other  frequent  end- 
ings may  be  mentioned  — v-»—  |  — <-»  —  v^e.g.  gloriam comparavit, 
and  —  v.^  I I    membra  firmantur  ;  vide  Potts  Aids  p.  99. 

18.  facit  eos  :  sc.  magistratus,  'elevates  those  tooffice' ;  cf 
§  14,  pro  Mur.  §  50. 

ambitus,  '  by  whom  it  is  mosfc  canvassed ' ;  cf.  Festus  Ep.  p. 
16  amhitus  dici  coeptus  est  a  circumeundo,  Yarro  L.  L.  5.  28 
qui  populum  candidatus  circumit  amhit. 

19.  dilectu,  'careful  choice,' opposed  to  impetu,  'impulse.' 
sapientia,  'prudence,'  opposed  to  temeritas,  '  hastiness,' 
22.  discrimen,  'sense  of  discrimination.' 

25.  culpam  accusas :  a  rare  construction  =populo  culpam 
attrihuis  {Verr.  5  §  134)  or  culpam  inpopulum  confers  {de  Sen. 
§  14),  *you  put  the  blame  on.'  culpa  sometimes,  according  to 
Quintilian  11.  1.  81,  =  '  the  thing  which  is  blamed.' 

competitor :  cf.  petere  honores ;  Hor.  Od.  3.  1.  10  descendat 
in  campum  petitor. 

§10  1.  25.  ut  fueris,  'granted  that  you  were  the  more 
worthy,'  the  concessive  use  of  the  snbjunctive  strengthened 
by  iLt.  The  concessive  subjunctive  stands  in  old  Latin  by  itself, 
and  occasionally  in  Cicero,  cf.  de  Off.  3.  13.  54  vendat  aedes  vir 
bonus,  'supposing  a  good  man  sell  .  .,'  ad  Att.  6.  1.  7  sit  sane. 
For  ut  {uti  =  cuti,  connected  with  stem  quo-  in  quis  etc. )  =  origin- 
ally  'in  some  way  or  another'  cf.  Plaut.  di  te  pcrduint  by  tho 
side  of  ut  te  di  perduint,  where  perduint  expresses  a  wish.  For 
an  instance  of  ut  strengthening  a  concession,  as  in  this  passage, 
cf.  Ov.  Pont.  3.  4  ut  desint  vires  =  properly  '  let  us  admit  that 
in  some  way  or  another  strength  is  wanting  .  .' 

29.  in  culpa  est :  cf.  Cic,  in  vitio  esse,  in  officio  esse. 

1.  eblandita:  passive,  although  ehlandior  is  deponent  = 
'  obtained  by  flattery  and  coaxing.' 

enucleata  =  lit.  *  freed  from  the  husk  or  covering,' 
nucleus ;  then  =  *  genuine, '  *  the  result  of  conviction. ' 


2.  quid  debeant  ctc. :  the  main  principle  of  Roman  elections, 
*  merit '  overridden  by  '  favour '  ;  *  each  man  who  votes  consiJers 
more  frequently  what  claims  the  candidate  has  on  him,  than 
what  claims  he  has  on  the  commonwealth, '  and  to  gain  tliis 
'  favour '  was  tho  first  business  of  a  candidate  ;  cf.  Strachan- 
Davidson  Cicero  p.  94. 

§  11  1.  6.  iudicavit  .  .  debuit  .  .  fero :  the  supposed 
answers  of  Laterensis. 

8.  condicio,  'position,'  '  privilege,'  'right,'  rather  a  rare 
nse.  The  fundamental  meaning  is  'agreement,'  ad  Fam.  6.  3. 
2  armis  aut  condicione  positis  aut  defetigatione  ahiectis,  with 
subdivisions  :  (1)  a  proposed  agreement,  terms,  negotiations, 
ad  Att.  7.  13.  2  condicionum  tempus  amissum  est ;  (2)  claim  based 
on  an  agreement,  task,  situation  ;  (3)  position  which  results 
from  the  agreement,  condition,  prerogative  ;  cf.  Nagels.  §  64. 

11.  nostrum  est  autem,  nostrum  :  this  effective  repetition 
of  a  word  asyndetically  was  classified  by  the  ancient  rhetoricians 
as  a  variety  of  d  v  a  5 1  tt  \  w cr  t  s,  conduplicatio,  iteratio  ;  for  genuine 
ava8lir\u3ai^  cf.  Sappho  Frag.  109  irapdevla,  irapdevia  irol  jxe 
'Knroia  dwoixv  ',  Hor.  Od.  2.  141  eheu  fugaces  Postume,  Postume. 
For  the  variety  in  the  text,  where  a  word  or  words  are  introduced 
to  give  effect,  cf.  Dem.  01.  4.  18  elal  ydp  elaiv,  Cic.  pro  Sulla  6, 
20  suscepi,  Torquate,  suscepi  etfeci  libenter  ;  cf.  Volkmann  in  I. 
Miiller  Handhuch  p.  666. 

qui  iactemur,  '  sinx^e  we  are  tossed,'  hence  subjunctive.  For 
the  metaphor  cf.  Atticus  ap.  Nep.  6.  1  civilihus  .  .  fluctihus  .  . 
iactarentur,  Sest.  §  140  tempestas  popularis,  ib.  §  46  tem- 
pestas  seditionum,  §  101  periculi  tempestas,  pro  Mil.  §  5  tempestas 
et  procellae  in  illis  flicctihiis  contiomim  ;  so  pro  Sest.  §  140,  ^ro 
Mttr.  §  35  umlae  comitiorum  ;  cf.  k\ij5o}v  Plato  Legg.  6.  6,  Dem. 
de  F.  L.  §  136.  Compare  on  the  whole  subject  c.  20  of  the^o 
Sestio.  In  his  metaphors  from  sea,  storms,  etc,  Cicero's  favourite 
words  are  tempestas,procella,  tranquillum,  fluctus  ac  turhines  ;  his 
fondness  for  metaphors  from  shipwreck  and  navigation  is 
noticeable,  e.g.  naicfragium,  guhernxire,  syrtis,  scop^cli,  iacticra 

§  12  I.  15.  defetigari :  the  spelling  of  T.  The  a  o^fatigare 
is  changed  to  e  by  the  influence  of  the  accent  on  the  preceding 
syllable,  which  usually  modifies  the  timbre  of  the  vowel  in  the 
succeeding  syllable,  cf.  pati  but  perpeti,  pacisci  but  depecisci ; 
assimilation  too  possibly  helps  the  change,  cf.  Stolz  Lat.  Gr. 
p.  270. 

16.  venio  iam  :  a  formula  of  transitio ;  cf.   elsewhere   in 

NOTES  65 

Cicero  veniamus  ad,  atque  ut  veniamus  ad,  nunc  exponamus, 
nunc  dicamus. 

17.  quisletc,  :  a  good  instanceof7r/9ocra»7ro7rotk,  sermocim^zo 
or  conformatio  {personarum  ficta  inductio,  de  Or.  3.  205).  Both 
Cicero  and  Cornificius  {ad  Her.  4.  53.  &Q)  regard  it  as  one  of 
tlie  choicest  of  figurae  sententiarum.  For  other  instances  cf. 
Catil.  1.  27 patria  sicaget  etc,  de  Fin.  4.  61,  jrro  Cael.  §  33,  Appius 
addressing  his  degenerate  descendant  Clodia,  Div.  in  Q.  C. 
§  9,  Plato  Crito  11  vbfxoi  speaking,  Aeseh.  in  Ct.  88  §  257, 
Dern.  de  F.  L.  §  QQ,  id.  de  Chcrs.  35  et  ^6701'  vixas  airaiT-qaeLav  oi 
"EXXijfes  .    .    Kal  ^poivd'  vfids. 

21.  contenderat :  sc.  heneficium,  'had  eagerly  sought  for 
my  patronage.' 

22.  splendore  :  vide  supra  §  6,  Introd,  §  3. 

23.  ambiendum :  impersonal,  '  need  not  enter  upon  an 
energetic  canvass.' 

24.  instituta,   'customary  procedure.' 

7  2.  supplicari :  cf.  Strachan-Davidson  Cicero  p.  96  *The 
Roman  elector  expected  to  be  asked  and  even  entreated  for  his 
vote.  He  was  not  displeased  if  he  were  asked  more  than  once. 
This  required  great  personal  exertions  on  the  part  of  the 
candidate  and  his  friends.  Quintus  urges  his  brother  (in  de 
petitione  consulatus)  never  to  be  out  of  the  way,  and  never  to  give 
any  one  the  opportunity  to  say  that,  so  far  as  he  was  concerned, 
you  might  have  had  what  you  wished,  if  he  had  been  asked  by 
you  and  asked  with  earnestness  and  insistence.' 

M.  Seium  :  Pliny  H.  N.  15.  1  tells  us  that  this  Seius,  during 
liis  aedileship  in  74  b.c,  supplied  the  people  with  corn  at  the 
low  prico  of  an  as  a  bushel  {modius)  and  thus  redeemed  his 
character,  as  before  this  time  he  had  been  in  disgrace  for  some 
unknown  offence,  and  had  been  condemned  to  pay  so  large  a 
fine  that  his  income  was  reduced  below  the  census  equester,  i.e. 
400,000  sesterces  =  about  £3600,  and  he  consequently  was 
removed  from  the  roll  of  the  knights ;  cf.  Cic.  de  Off. 
2.  17.  58. 

5.  M.  Pisoni :  Marcus  Pupius  Piso,  quaestor  83  b.c.  , 
proconsul  in  Spain  in  69  b.c,  consul  in  61  ;  an  orator,  teacher 
of  rhetoric,  and  supporter  of  the  peripatetic  philosophy  ;  acted 
as  tutor  or  adviser  to  Cicero  in  Athens  in  79  b.c  Cf.  Cic.  Brut. 
240,  310,  de  Fin.  5  §  1,  Ascon.  on  Cic.  in  Pis.  §  62,  de  Or.  1. 
22.  104,  etc. 

Q.  Catulo  =  Quintus  Lutatius  Catulus,  the  elder,  consul  in 
102  B.c  with  Marius,  subsequently  proscribed  by  Marius  for 


liis  adhereiice  to  the  Optimate  party,  whereupon  he  committed 
suicide  (87  b.c.)  Cicero  introduces  him  in  his  de  Oratore 
(§  108.  5)  ;  he  was  three  times  unsuccessful  in  his  candidature 
for  the  consulship  :  in  106  b.c.  he  was  defeated  by  Serranus,  in 
105  B.c.  by  Cn.  Manlius,  in  104  b.c.  by  C.  Fimbria.  Cicero 
frequently  praises  him  for  his  upright  character,  Verr.  3  §  209, 
his  knowledge  of  Greek,  de  Or.  3  §  29,  his  taste  and  judgment 
in  matters  of  style  {suhtilitas,  elegantia,  lenis  appellatio),  pro 
Mur.  §  36,  Brut.  §  132. 

6.  sanctissimo,  'upright,'  '  conscientious.' 

7.  fuit  enim  tamen  :  a  rare  collocation  of  words,  tamen 
usually  immediately  following  an  emphatic  word  ;  but  here 
enim  explains  7ion  dico,  tamen  shows  the  antithesis  to  stultis- 

8.  C.  Fimbriam  :  C.  Flavius  Fimbria,  consul  with  C.  Marius 
in  104  b.c,  killed  in  the  riots  of  Cinna  ;  Cicero  praises  his 
oratorical  powers,  Brut.  34.  129  C.  Fimhria  truculenius,  asper, 
maledicus,  .  .  nec  riidis  in  iure  civili  etc.  ;  cf.  de  Or.  2  §  91, 
Verr.  5  §  181,  pro  Rah.  §  21,  de  Off.  3.  77. 

novum  hominem,  'none  of  whose  family  had  held  office,' 
'  a  parvenu. ' 

9.  Cn.  Manlium  :  i.e.  Cnaeus  Manlius  Maximus,  consul  105 
B.c,  in  which  year  he  was  utterly  defeated  at  the  Arausio 
(Orange)  by  the  Cimbrians,  both  his  sons  falling  in  the  battle  ; 
on  his  return  to  Rome  he  was  prosecuted  by  P.  Sulpicius,  and 
defended  by  Antonius  the  orator,  Cic.  de  Or.  2  §  125. 

§  13  \.  11.  desiderarunt,  'looked  in  vain  for,'  'missed'  = 
Gk.  irodeiv. 

12.  Cyrenis :  in  63  b.c  Laterensis  was  acting  as  proquaestor 
in  the  provincia  Cyrenaica,  cf.  infra  §  63  Cyrenis  liberalem  te 
in  puhlicanos,  Introd.  §  10. 

me  enim  .  .  videbam,  '  for  I  preferred  that  I  rather  than 
the  provincials  should  have  the  enjoyment  of  your  services,  but 
the  more  important  that  enjoyment  was  to  me,  the  more  it 
failed  me — for  I  never  saw  you'  =  c^  qua  plus  intererat  me  tua 
virtute  frui  eo  minus  mihi  tua  virtus  adfuit.  intererat  imper- 
sonal,  aberat  sc.  virtus  =  non  aderat,  non  adiuvare,  *to  be  found 
wanting'  ;  cf.  pro  Sulla  §  7  .  .  adesse  .  .  in  ceteris  afuisse. 
Instead  of  plus  we  expect  magis  or  longitis,  but  we  find  ahesse 
onultum,  plurimum  etc.  {de  Fin.  3  §  6). 

15.  sitientem  virtutis :  genitive  because  sitiens  is  passing 
from  a  participial  use  to  an  adjectival ;  cf.  Or.  pro  Qtcint.  §  62 
negotii  gerentcs  ;  cf,  the  use  of  patiens  with  lahoris  and  lahorcm. 

NOTES  67 

deseruisti  ac  reliquisti,  'utterly  abandoned  me';  vide  note 

16.  petere  tribunatum :  in  59  b.c,  in  the  consulsliip  of 
Caesar  and  Bibulus,  Laterensis  was  a  candidate  for  the  tribune- 
ship,  but  withdrew  his  name  rather  than  take  an  oath  that  he 
would  support  Caesar'8  agrarian  law,  ad  Att.  2.  18,  infra  §  52, 
Introd.  §  10. 

temporibus  .  .  requirebant :  i.e.  Laterensis  would  have 
been  tribune  in  58  b.c,  and  might  have  averted  Cicero's 

19.  tempestate  gubemare:  for  the  metaphor  vide  §  11  ; 
cf.  §  86,  pro  Sest.  101. 

20.  noUe  :  sc.  gubernare. 

23.  eum  magistratum  =  the  plebeian  tribuneship. 

24.  magnae  :  emphatic  ;  the  antithesis  lies  in  ludi. 

25.  ludi :  the  cura  ludorum  involved  the  management  by 
the  plebeian  aediles  of  the  ludi  plebeii  (prid.  non.  Nov.)  16th, 
I7th,  18th  November,  by  the  curule  aediles  ludi  Romani  in  the 
middle  of  September,  ludi  Megalenses  {non.  Apr.),  by  both 
bodies  ludi  Ceriales,  ludi  Florales  in  April,  and  the  ludi  Liberi. 
For  the  duties  of  aediles  and  their  election  vide  supra  §  9. 

permagni  :  vide  §  5, 

26.  quare  .  .  petenti,  'so  either  fulfil  the  hopes  you  had 
led  me  to  form  about  you  (i.e.  become  tribune),  or  if  after  all 
you  have  a  fancy  for  an  office  which  I  consider  of  much  less 
importance,  I  will  give  it  you — the  aedileship — in  spite  of  the 
lack  of  interest  you  show  in  your  canvass,'  but  I  warn  you  that 
if  your  canvassing  is  always  such  you  will  never  get  beyond  the 
aedileship  to  the  higher  offices. 

29.  amplissimos  honores  :  the  aedileship  was  the  first  step 
to  these,  Cic.  Legg.  3.  3  §  7  ollisque  (sc.  aedilibus)  ad  honoris 
amplioris  gradum  is  p^rimus  adscensus  esto. 

30.  condiscas  censeo :  older  than  ut  condiscas  censeo, '  I  give 
it  as  my  opinion,  I  advise,  that  you  learn  thoroughly.'  Simi- 
larly  the  parataxis  (Trapdra^ts)  of  cedo,  bibam,  '  give  it  me  ;  let 
me  drink,'  is  older  than  the  more  hypotactical  (subordinated) 
cedo  ut  bibam. 

VL  §  14  1.  2.  iudicem :  sc.  quaestionis,  the  presiding  judge 
in  this  case,  C.  Alfius  Flavus  ;  vide  Introd.  §  5. 

6.  diribitio,  'sorting  of  the  voting-tablets.' 

7.  renuntiatio,  'declaration  of  the  poll.' 


8.  professi,  '  given  in  theii'  names  '  to  the  presiding  magis- 
trate  ;  this  professio  took  place,  trium  nundinarum  tempus, 
before  the  actnal  election.  For  this  and  the  tvvo  preceding 
technical  terms  vide  Introd.  §  20. 

10.  sunt  omnes  :  note  the  position  of  the  verb  at  the 
beginning  of  the  sentence  ;  this  is  usual  when,  as  here,  the 
notion  conveyed  is  concessive. 

§  15  1. 13.  sunt:  we  expect  si  suhlata  erunt  .  .  nihil  accidet, 
but  the  parataxis  is  more  effective  ;  cf.  Hor.  merses  pro/wndo  ; 
pulcrior  evenit. 

studia,  '  party-spirit.' 

18.  factos  =  creatos :  cf.  §  9facit  eos. 

19.  campus :  sc.  Martius,  where  the  elections  were  usually 
held  ;  here  used  concretely  of  the  electors  themselves  on  the 

undae  comitiorum :  vide  §  11. 

22.  impetu  studiorum  et  motu  :  these  words  go  together, 
'the  uproar  and  excitement  of  party-strife,'  '  Sturm  und  Drang,' 

motu  .  .  modum :  an  intentional  play  on  words,  annominatio 
or  Trapovo/jiacria  :  cf.  nolo  esse  laudsitoY  ne  videar  esse  adtil3Ltor. 

§  16  1.  24.  contentionem,  'comparison  between  you.' 

25.  tabella,  *the  voting-tablet, '  i.e.  the  privilege  of  voting 
by  ballot. 

aperit,  '  lets  men's  countenances  be  seen,  but  conceals  their 
intentions '  ;  for  aperire  *  to  make  visible '  cf.  Nat.  Deor.  2  §  51 
stellae  aperiuntur.  For  the  antithesis  of  frons  and  mens  cf.  ad 
Att.  4.  15.  7  utrum  fronte  an  mente  dubitatur. 

27.  id  .  .  exprimis,  *why  do  you  insist  that  that  should 
be  done  in  court  which  is  not  done  at  the  polling-booth  ?'  i.e. 
that  the  comparative  merits  of  the  candidates  should  be 
discussed  ;  for  exprimere  =  extorqu£re  cf.  Verr.  3.  112  cum  in 
ius  eduxi  expressi  ut  conficere  tabulas  se  negaret,  Tac.  A7in.  1.19. 
9  1.  hic  quam  ille  etc.  :  the  sense  is  '  to  say  that  Plancius 
was  more  worthy  than  Laterensis  is  a  serious  statement  to 
make.  "  In  what  way  then  can  we  say  that  it  was  fairer  that  he 
should  be  elected  than  I  ? "  to  this  I  can  only  give  this  answer, 
in  which  the  whole  point  lies  and  with  which  the  presiding  judge 
is  content,  "The  people  chose  to  elect  him."  "  Why  Plancius 
rather  than  me  ? "  That  I  do  not  know,  and  if  I  did  know  I 
could  not  say  ;  or  lastly,  I  might  say  he  was  improperly  elected 
(which  would  be  a  very  serious  thing  for  me  to  say,  for  you 

NOTES  69 

might  wroiigly  infer  from  it  that  I  thought  Plancius  had  been 
elected  through  bribery,  yet  if  I  did  say  it  I  ought  to  be  able  to 
say  it  without  damaging  my  client).  What  would  you  gain 
supposing  I  made  use  of  this  extreme  line  of  defence,  which  is 
the  same  thing  as  saying  that  the  people  did  what  its  caprice 
prompted,  not  what  it  ought  to  have  done  ?  You  would  gain 
nothing,  for  the  fact  still  remains,  he  has  been  elected.' 

2.  quo  modo  .  .  aequius  :  this,  as  well  as  the  question  cur 
iste  etc,  is  put  into  the  mouth  of  Laterensis ;  with  quo  modo 
.  .  aequius  supply  hunc  creari  quam  illum,  'what  statement 
can  make  his  election  seem  fairer  ?  can  justify  it  ? '  The  general 
sense  of  the  whole  passage  is  '  we  are  not  allowed  to  say  that 
Plancius  was  superior  to  Laterensis  in  worth  ;  what  then  was 
the  reason  of  his  election  ?    The  reason  is — he  was  elected. ' 

6.  non  recte,  'improperly,'  which  may  mean  'by  bribery,' 
consequently  Cicero  says  it  is  a  serious  word  to  use  ;  he  means 
'  improperly,'  i.e.  '  capriciously,'  amplified  in  quod  voluisset  etc. 

7.  extrema  defensio  goes  back  to  vel  denique  .  .  si  dicerem 
non  recte  etc. 

VIL  §  17  \.  9.  quid?  si,  *what  if  ;  here  used  to  introduce 
us  to  tlie  second  argument,  that  the  people  were  justified  in 
choosing  Plancius  ;  the  first  was  that  the  people  chose  him. 
The  construction  is  elliptical,  sc.  ais,  censes,  cf.  pro  Mur.  33 
quid  ?  illam  pugnam  navalem  ad  Tenedum  mediocri  certamine 
commissum  arhitraris  ?  pro  Rosc.  Am.,  quid  censes  hunc  ipsum 
Roscium  quo  studio  esse  in  rusticis  rebus?  So  Ferr.  4.  127,  de 
Or.  1.  176. 

14.  causam  crimenque,  'the  case  and  the  charge,'  i.e. 
*thc  charge  brought  in  this  case.' 

aliqueindo =ta7idem  aliquando,  'at  length,  for  it  is  high 

16.  omnes :  i.e.  omnes  qui  tecum  petierunt  equitum  Roma- 
norum  filii  fuerunt. 

nihil  dico  amplius  :  i.e.  *  I  will  not  discuss  any  further  this 
question  of  the  comparative  merits  of  Plancius  and  Laterensis  ; 
but  there  is  one  point  connected  with  your  candidature  which  I 
do  wonder  at  .   .' 

18.  longissime  .  .  afuit :  Plancius  was  first  on  the  poll, 
then  came  Plotius  and  Pedius,  whilst  Laterensis  was  fourth. 
It  was  not  Plancius  who  had  kept  Laterensis  out — about  his 
election  the  people  neverdoubted — but  rather  Plotius  and  Pedius. 

19.  summa  sacra  via :  the  via  sacra  {sacra  because  used 


especially  for  religious  processions  and  triumphs)  follows  the 
valley  between  the  Palatine  and  Capitoline  Hills,  and  passes  along 
the  Porum  to  where  the  Colosseum  now  stands.  At  the  eastern 
end  of  the  Forum  it  is  spanned  by  the  Fornix  Fahius,  built  in 
111  B.C.  by  Q.  Fabius  Maximus  Allobrogicus  from  the  booty 
gained  in  his  campaign  against  the  Gaulish  tribes.  summa 
sacra  via  =  the  high  ground  where  the  road  begins  to  slope 
down  to  the  Forum  ;  the  Fabius  Fornix=^ the  very  oj^posite  end 
of  the  Forum.  In  Constantine's  time  the  arch  was  still  standing ; 
vide  Becker  Eom.  Alterth.  i.  p.  239. 

22.  Q.  Pedio  :  Q.  Pedius  was  Caesar's  lieutenant  in  Gaul  in 
58  B.C.  ;  in  49  praetor  ;  in  45  was  again  Caesar's  lieutenant  in 
Spain,  and  took  a  prominent  part  in  the  repulse  of  the  Pom- 
peiau  party  there. 

A.  Plotius  in  51  B.c,  after  his  aedileship,  was  praetor 
urhanus  {ad  Att.  5.  15.  1)  and  friend  of  T.  Antistius,  quaestor  of 
Macedonia.  In  48  b.c.  he  was  propraetor  of  Pontus  and 

24.  dimovit,  *  pushed  aside '  ;  thus  Laterensis  was  depulsus, 
'  thrust  aside '  ;  for  dimovere  literally  cf.  Hor.  Od.  3.  5.  51 
dimovit  ohstantes  propinquos. 

§  18  1.  25.  sed  tamen :  after  a  digressiou  sed  tamen  is 
frequently  used  at  the  beginning  of  a  clause  to  indicate  a  return 
to  the  argument.  There  is  an  ellipse  of  a  concessive  sentence, 
which  here  =  quamquam  contentio  vestrum  sine  contumelia 
tractari  nequit,  tamen  haec  etc.  ;  cf.  Lael.  §  95,  pro  Sest.  23. 
10  2.  cur  .  .  est :  in  parenthesis,  '  why  should  I  not  confess 
what  I  am  compelled  to  confess  ?'  i.e.  that  Plancius  was  inferior 
to  Laterensis  in  nohilitas. 

3.  sed,  'yet,'  in  spite  of  the  concession  mentioned  above. 

4.  alias  =  when  candidate  for  the  aedileship  and  praetorship. 
consulatus :  solus  Cicero  e  sex  competitorihus  equestri  loco 

natus  erat,  Schol.     Cicero  was  also  a  noviis  homo. 

vldene:  a  favourite  expression  of  Cicero  to  convey  a  warning, 

6.  utraque  :  paterna,  materna,  Manutius. 

8.  id  =  to  support  the  aristocracy. 

imaginibus.  '  The  external  distinction  of  the  nohiles  was 
the  ius  imaginum,  a  privilege  which  was  apparently  established 
on  usage  only  and  not  on  any  positive  enactments.  These 
imagines  were  painted  masks  of  wax  made  to  reserable  the 
person  they  represented  (Pliny  H.  N.  35.  2  expressi  cera  vultus), 
and  they  were  placed  in  the  atrium  of  the  house  apparently  in 

NOTES  71 

small  wooden  cases  somewhat  in  tlie  form  of  temples  {^6\iva 
vatdia,  Polyb.  6.  53;  armaria  '  wall-presses,'  Guhl  and  Koner 
p.  466).  The  imagiiies  were  accompanied  with  the  tituli,  or 
names  of  distinction  which  the  deceased  had  acquired,  and  the 
tituli  were  connected  in  some  way  by  lines  or  branches  so  as 
to  exhibit  tho  pedigree  {stemma)  of  the  family.  The  imagiTies 
were  usually  enclosed  in  their  armaria,  but  on  festival  days 
they  were  crowned  with  bay  {laureatae)  ;  they  also  formed  part 
of  a  solemn  funeral  procession.' — Smith  Dict.  Ant.  p.  796. 

11.  etenim,  =7iam,  namque,  introduces  the  reason  why  there 
are  so  few  who  support  the  nobility.  There  is  an  ellipse,  *  for 
to  show  you  that  these  are  so  few,  we  will  go  into  the  matter. ' 

caput  et  fontem  :  frequent  metaphor  for  *  fountain-head,' 
a  meaning  which  can  also  be  given  by  either  of  the  words 
separately  ;  cf.  de  Or.  1.  i2  ab  illofo7ite  et  capite  Socrate.  caput 
often  combined  with  ara,  Livy  28.  42  Hannihal  ihi  caput 
arcemque  helli  huius  esse ;  cf.  Livy  26.  7.  3. 

VIIL  §  19  1.  13.  antiquissimo :  in  381  b.c.  Tusculum 
received  the  civitas  cum  suffragio ;  cf.  Livy  6.  26.  From  323 
B.c.  to  the  end  of  the  Republic  the  Tusculans  voted  in  the 
Papirian  tribe,  Livy  8.  37.  Tusculum  is  thus  an  older 
municipium  than  Caere  (353  B.C.),  although  the  latter  is  usually 
regarded  as  a  type  of  a  municipium. 

15.  luventia  :  to  which  Laterensis  belonged.  Q.  M. 
Juventius  Robia  was  consul  with  Tiberius  Gracchus  in  163  b.c. 
Vell.  Pat.  2.  6,  3.  2  luventius  Laterensis  vir  vita  ac  morte  con- 

16.  praefectura :  an  exact  classification  of  the  gradations 
of  Roman  civitas  is  almost  impossible.  At  the  time  of  the 
writing  of  this  speech  we  may  roughly  make  the  following 
division  of  Roman  towns  : — L  coloniae  {colere),  properly  bodies 
of  settlers,  either  Roman  or  Latin,  sent  out  to  occupy  and 
cultivate  land  gained  in  war,  and  thus  keep  in  check  the 
subject  population  of  Italy,  and  occupy  that  part  of  their 
territory  of  which  they  had  been  deprived  for  their  resistance 
to  Rome.  coloniae  possessed  a  regular  government  modelled 
on  that  of  Rome  ;  their  senators  were  decuriones,  their  consuls 
duumviri ;  their  laws  and  sacred  ritual  were  the  same  as  at 
Rome,  and  the  inhabitants  enjoyed  all  the  of  civitas 
Romana.  II.  municipia :  municipes  {munia,  capio)  were  properly 
the  inhabitants  either  of  those  towns  in  the  immediate  vicin- 
ity  of  Rome  who  were  removed  to  Rome  when  their  homes 
were  captured  and  destroyed,  or  of  those  which  concluded  a 


foedus  aequum,  an  alliance  on  equal  terras  with  Rome.  On 
reinoval  to  Rorae  they  were  liable  to  all  the  obligations  and 
burdens  {mtmia)  of  ordinary  Roraan  citizens.  The  municipia 
managed  their  internal  affairs  themselves,  the  administration 
varying  with  the  diflferent  towns,  according  to  the  nature  of 
the  treaty  made  with  them,  which  might  be  aequum  or  iniquum, 
fair  or  unfair  ;  by  degrees,  however,  their  government  seems  to 
have  been  assirailated  to  that  of  the  coloniae.  III.  praefecturae : 
these  received  their  name  from  being  the  headquarters  of  the 
praefecti  or  ivviri  iuri  dicundo  sent  out  annually  from  Rome 
to  administer  justice.  All  towns  in  Italy  which  had  not  the 
privilege  of  electing  their  own  magistrates  must  be  classified  as 
praefecturae  ;  cf.  Festiis  praefecturae  eae  appellahantur  in 
Italia  in  quibics  et  ius  dicehatur  et  mmdinae  agehantur.  et  erat 
qitaedam  earum  res  publica,  neque  tamen  magistratv^  suos 
habebant ;  in  quas  his  legihus  praefecti  onittehantur  quotannis  qui 
ius  dicerent ;  cf.  Cic.  pro  Sest,  32.  On  the  whole  question  vide 
Mommsen  liom.  Staatsrecht  iii.  796-800,  Ramsay  Hom.  Antiq. 
p.  92. 

18.  vls,  *  do  you  think  ? '  '  do  you  wish  to  make  out  ? '  For 
a  rather  similar  meaning  of  velle  cf.  Cic.  de  Div.  2.  9.  24  vultis 
omnia  evenire  fato  *you  hold  as  a  tenet  that  .  .' 

19.  Atinates  :  Atina  (Yerg.  Aen.  7.  630  Atina  potens),  the 
modern  Atina,  a  small  town  in  the  heart  of  the  Sabine  hills, 
not  far  from  Cicero's  native  place  Arpinum.  Both  Atina  and 
Arpinum  were  enrolled  in  the  tribus  Tcrentina. 

alteri :  sc.  Atinates. 

21.  huius,  *  whora  you  see  before  you '  ;  he  was  present  in 
court  to  support  Plancius  as  an  advocatus  or  friend,  summoned 
by  the  accused  to  bear  witness  to  his  character  and  influence 
the  jury  in  his  favour. 

25.  alteros  =  Tusculanos. 

26.  malivolos :  the  Scholia  Vaticana  point  out  that  Lucilius 
in  his  satires  attacked  the  Tusculans  as  being  a  spiteful  people, 
and  mention  that  M.  Cato  the  censor  was  considered  malignus 
and  invidus  ;  there  is  consequently  a  touch  of  irony  in  Cicero's 

27.  vehementius,  '  never  very  enthusiastic  about  the  public 
honours  gained  by  their  fellow-townsmen.' 

§  20  1.  28.  hoc,  as  is  shown  by  the  examples  which  follow, 
is  equivalent  to  ut  nostroru7n  honxyre  laetemur. 

29.  fratre :    Quintus    Tullius    Cicero   studied    rhetoric   in 

NOTES  78 

Athens  at  tlie  same  time  as  his  elder  brother,  retnrning  to 
Ronie  in  77  b.c.  He  married  and  lived  unhappily  with 
Pomponia,  Atticus*  sister  ;  in  65  b.c.  he  was  plebeian  aedile,  and 
was  praetor  designate  in  the  year  of  his  brother's  consulship. 
A  friend  of  Caesar's,  he  shared  his  disapproval  of  the  strong 
measures  takeu  against  the  Catilinarians  ;  from  61-59  B.c.  he 
was  praetor  in  Asia,  returning  to  Rome  in  58,  where  he 
did  his  best  to  procure  his  brother's  recall.  In  57  he  was 
Pompey's  legate,  being  engaged  especially  in  the  management 
of  the  rcs  frumentaria  toto  orbe  terrarum  which  had  been 
assigned  to  him.  In  54  he  accompanied  Caesar  to  Gaul  as 
his  lcgatus,  and  in  53  to  Britain.  He  also  acted  in  the 
same  capacity  to  his  brother  in  Cilicia.  In  the  civil  war 
between  Caesar  and  Pompey  he  sided  in  a  half-hearted  way 
with  the  Optimate  party  ;  pardoned  by  Caesar,  he  retired  to 
his  property  in  the  country,  and  met  his  death  in  the  pro- 
scription  of  the  year  43  b.c.  ;  cf.  Cic.  ad  Q.  Fratrem  passim, 
pro  Flacco  §  21,  ad  Att.  4.  3,  pro  Sest.  §  76. 

agri  montesque :  an  instance  of  hyperbole,  superlatio 
(virep^oXTfj).  Quintilian  gives  as  instances  of  this  figure  of 
speech  Verg.  Aen.  1.  166  geminique  minantur  in  caelum  scopuli, 
Aen.  7.  803  illa  vel  intactae  segetis  per  summa  volaret  gramina 
nec  teneras  cursu  laesisset  aristas,  adding  tuvi  est  hyperhole  virtus 
cum  res  ipsa  de  qua  loquendum  est  naturalem  modum  excessit ; 
cf.  Quint.  8.  68,  Cornif.  4.  44. 

11  1.  M.  Catone  :  M.  Porcius  Cato,  born  at  Tusculum  234  b.c, 
left  his  unfertile  Sabine  property  and  came  to  Rome,  deter- 
mined,  although  a  mere  boy  and  absolutely  unknown,  to  win 
himself  a  position  as  a  politician  {Verr.  5.  180,  de  Rep.  1.  1.  1). 
In  217  B.c.  he  served  in  the  army  as  a  miles  grcgariiis  against 
Hannibal,  and  probably  was  present  before  the  walls  of  Capua 
under  Q.  Fabius.  In  209  b.c.  he  served  under  the  same  general 
at  the  siege  of  Tarentum  a,3  proqiiaestor  ;  in  204  b.c.  he  brought 
the  poet  Ennius  to  Rome.  After  a  period  of  varied  foreign 
military  service  he  returned  to  Rome  and  devoted  himself  to 
politics  and  oratory,  and  it  is  to  the  year  of  his  censorship,  184 
B.c,  that  his  acerbae  orationes  must  be  assigned  (Livy  39.  42)  ; 
from  this  date  to  the  time  of  his  death  in  149  b.c  at  the 
age  of  85  he  took  a  prominent  part  in  the  Roman  political 
world,  distinguishing  himself  by  his  uncompromising  opposition 
to  the  Optimates.  His  services  to  Latin  literature  were  con- 
siderable,  though  his  style  of  writing  was  rough  and  uncon- 
ventional.  His  chief  works  were  his  Origines,  a  history  of 
Rome  in  seven  books  from  its  foundation  to  49  b.c,  and  de  re 


rustica,  a  collection  of  maxims  on  household  management  and 
agriculture.     For  his  character  vide  Livy  39.  40. 

2.  T.  Coruncanius,  in  the  year  280  b.c,  •vvhen  Pyrrhus 
came  to  Heraclea,  was  consul  with  P.  Valerius  Laevinus,  and 
triumphed  the  same  year  de  Volsiniensibus  et  Vulcientihus. 
He  is  known  chiefly  as  a  jurist  and  archaeologist.  Whether  he 
really  came  from  Tusculum  is  uncertain  ;  Tac.  Ann.  11.  24 
says  he  came  from  Camerium.  Cicero  always  speaks  of  him 
with  admiration,  de  Dom.  §  139,  de  Nat.  Deor.  1.  115.  165,  Brut. 
55,  de  Legg.  2.  52,  de  Or.  3.  56,  etc. 

Fulviis  :  the  most  famous  families  of  this  plebeian  gens  were 
the  Flacci,  Nobiliores,  Centumali,  Curvi. 

3.  gloriari :  cf.  §  19  laetari ;  for  the  frequency  of  verbsin 
-ari  in  Cicero  cf.  note  on  §  1. 

5.  aliquid  :  in  expression  of  modesty,  cf.  §  24. 

C.  Marius,  born  at  Arpinum,  after  working  as  a  fann- 
labourer  joined  the  army  whilst  quite  young ;  was  present  at 
Numantia  134  B.c,  where  he  was  complimented  on  his  bravery 
by  Scipio  Africanus.  In  109  b.c.  was  legatus  of  Metellus  in 
Africa  and  fought  with  distinction  against  Jugurtha.  Elected 
consul  on  his  return  to  Rome,  again  in  104,  and  from  103-100 
B.C.  ;  annihilated  the  Teutones  at  Aquae  Sextiae  102  b.c,  and 
the  Cimbri  at  Vercellae  101  b.c.  A  democrat  at  first,  he  joined 
Saturninus  in  his  attempt  at  reform,  but  soon  turned  against 
him  and  became  one  of  the  Optimate  party.  The  growing 
iniluence  of  Sulla  deprived  him  of  his  popularity,  and  in  88  b.c, 
when  Sulla  marched  on  Rome,  he  was  forced  to  flee  to  Africa. 
In  87  B.c  he  returned  to  Rome  with  Cinna,  and  died  in  86  b.c, 
just  after  he  had  entered  upon  his  seventh  consulship  ;  cf. 
pro  Pl.  §§  26,  51,  61,  88,  78,  p^o  Sest.  §§  50,  116,  and  Juv. 
8.  245. 

§  21  1.  9.  splendidissimi  homines :  but  as  Cicero  says  in 
§  18  there  are  parum  multi  qui  nobilitatem  ament.  splendidus 
is  the  regular  epitliet  of  the  Roman  knights,  cf.  §  12  equestrem 
splendorem;  cf.  Landgraf  on^ro  Hosc.  Am.  §  20  p.  169  or  371. 

10.  huius  :  sc.  Plancii. 

11.  fortissimorum,  'upright' ;  fortis  is  often  joined  with 
impiger,  acer,  animosus,  strenuus. 

13.  in  squalore  :  the  relatives,  friends,  and  clients  of  the 
accused  usually  attended  in  court  dressed  in  mourning  apparel 
to  excite  the  sympathy  of  the  jury,  cf.  pro  Cluenl.  §  18,  pro  Sest. 
32,  ad  Att.  3.  10.  2.     For  the  alliterative  combination  sgwaZor 

NOTES  75 

ct  sordes  cf.  pro  Mur.  86  nunc  idem  squalore  et  sordibus  confectus 
vester  est  snj^plcx. 

14.  tribuni  aerarii :  originally  tribal  officers  whose  duty  it 
was  to  collect  tlie  tributum  from  tlie  tribcs,  and  to  distribute 
pay  to  the  soldiers,  or  largess  (aes)  to  the  plebs  generally — hence 
their  name  aerarii.  By  the  lex  Aurelia  70  B.c.  they  became 
an  orgauised  body,  their  ccnsus  being  a  property  of  more  than 
300,000  sesterces  but  less  than  400,000,  and  shared  the  iudicia 
witii  the  senators  and  knights.  Caesar's  lex  Julia,  however,  of 
46  abolished  this  privilege.  The  trihuni  aerarii  are  usually 
mentioned  as  the  more  respectable  and  well-to-do  members  of 
the  plebs  as  distinct  froni  the  rabble,  and  are  often  classed  with 
the  cqiiites ;  cf  Catil.  4.  7,  pro  Eab.  c.  9,  pro  Pl.  c.  2,  Pauly 
Real-Encycl.  vi.  2,  Ramsay  Manual  p.  239. 

a  iudicio  dimisimus :  in  two  senses — (a)  '  I  excuse  from 
their  attendance  in  court,  for  they  supported  him  en  masse  at 
his  election  '  ;  (/3)  '  I  do  not  take  any  account  of,  I  do  not  men- 
tion  in  deahng  with  a  legal  case.' 

17.  tribum  Teretinam  :  this  was  the  tribe  which  Laterensis 
said  had  been  bribed  by  Plancius  ;  the  men  of  Atina  voted  in 
it,  and  though  they  were  not  able  to  carry  the  vote  of  the  entire 
tribe  for  Plancius,  yet  their  support  was  sufficient  to  increase 
his  influence  and  thus  indirectly  afi^ect  the  voting  of  the  tribe. 

dignitatem  etc,  *for  though  they  did  not  carry  {praebuerunt) 
the  vote  of  the  Teretine  tribe,  yet  they  gained  for  Plancius 
importance  and  the  attention  of  all  eyes,  a  sterling,  compact, 
indefatigable  body  of  supporters  in  the  court.' 

18.  solidam :  cf.  Hor.  Od.'B.  3.  1  mente  quatit  solida,  almost 
synonymous  with  integer,  ccrtus,  constans. 

19.  nostra  municipia  :  i.e.  Atina,  Arpinum,  Sora,  Casinum, 
Venafrum  and  Allifae.  nostra  makes  an  antithesis  between  the 
unanimity  of  the  municipia  in  the  vicinity  of  Atina  and  the 
lethargic  support  of  Tusculum  and  the  neighbouring  towns. 

IX.  §  22  \.  21.  in  nobis,  'in  my  own  case.' 

22.  finitimi :  i.e.  we  people  of  Arpinum. 

23.  veterem  :  Landgraf  in  a  note  onpro  Rosc.  Am.  %  17  shows 
that  Cicero  in  his  earlier  speeches  draws  a  clear  distinction 
between  antiquus  and  vetiis  (usual  distinction  a7it.  =  'past,'  opp. 
novus  ;  vetus  '  old,  but  still  existing,'  opp.  recens),  using  antiquus 
only  in  a  good  sense,  vetus  in  a  bad  sense  ;  but  this  distinction 
is  not  observed  in  his  later  speeches. 

oflQcii  rationem :  a  common  combination  in  Cicero,    e.g. 


Ferr.  2.  5  §  177,  pro  Quinct:  §  59,  pro  Cluent.  §  117.  It  may 
be  explained  (a)  as  a  metaphorical  use  of  ratio  in  the  meaning 
'account,'  cf.  rationem  reddere,  or  (/3)  a  mere  periphrasis  ;  it  is 
certain  that  Cicero  often  uses  ratio  with  a  genitive  of  a  noun  in 
very  much  the  same  way  as  the  noun  by  itself,  possibly  with 
the  result  of  making  the  idea  more  abstract,  thus  comilii  ratio 
=consilium  etc. 

24.  non  infuscata  etc,  *not  tarnished  by  spite,  always 
free  from  insincerity,  not  counterfeit,  without  a  touch  of  deceit, 
not  skilled  in  the  tricks  of  hypocrisy — as  men  so  often  are  in 
the  vicinity  of  the  city  or  in  the  city  itself.' 

25.  fucosus :  properly  'painted,'  'dyed,'  lial.  imbellettato, 
cf.  pro  Rah.  Post.  §  40  merces  fallaces  etfucosae. 

26.  urbano :  vult  ostendere  Arpinates  remotiores  Roma  non 
tam  callidos  esse  et  fraudulentos  quam  suburhanos  et  urbanos  qui 
solent  esse  astutissimi  Delph. 

28.  celeberrimus,  'most  populous.' 

29.  nostra  .  .  aspera  regio :  i.  e.  Arpinum,  situate  near 
the  junction  of  the  rivers  Liris  aiid  Fibrenus,  on  a  spur  of  the 
Volscian  hills.  Cicero  ad  Att.  2.  11  §  2  called  it  like  Ithaca 
rprjx^^'  aXK'  dyadr]  Kovporpocpos  Od.  9.  27. 

30.  honore  ornari      \  chiasmus.       The    combination    of 
augeri  dignitate  f  ornare  and  augere  is  common  in 

Cicero,  e.g.  ad  Fam.  7.  17.  2  te  augendum  atqu^  omandum  semper 

12  2.  publice  etc,  'are  present  to  give  evidence  as  public 
representatives  of  their  townships.'  legat.  test.,  hendiadys, 
*with  embassies  and  evidence,'  i.e.  *to  give  evidence  as  an 
embassy.'  It  was  a  common  custom  for  munidpia  to  send 
representatives  to  bear  witness  for  or  against  a  reus  of  whose 
procedure  they  had  exact  knowledge ;  cf.  Verr.  1.  3  §  7,  2.  2 
§  114,  pro  Gacl.  §  5. 

cum  legatione  testimonio  :  et  is  absent  from  the  MSS. , 
probably  a  case  of  lipography. 

3.  nunc  during  the  suit,  ttmi  at  the  polh 

§  23  1.  7.  genere :  Cicero  has  just  been  comparing  the 
difference  of  the  genus  of  the  municipia  to  which  the  litigants 
belong,  i.e.  the  different  huild,  different  type,  especially  as 
shown  in  their  appreciation  of  those  of  their  citizens  wdio  have 
been  a  credit  to  them  ;  genus  is  here  consequently  'charactor,' 
'condition,'  'nature.' 

NOTES  77 

8.  nisi  forte:  iroiiical,  so  nisi  vero  ;  d.  pro  Mur.  §  IS,  pro 
Sext.  liosc.  §  82. 

Labicana  :  LabTcI,  or  Labicum  (Verg.  Aen.  7.  796  picti  scuta 
Labici),  a  small  township  about  15  miles  south-east  of  Rome, 
between  Tuscuhim  and  Praeneste. 

Gabina  :  Gahii,  between  Rome  and  Praeneste,  12  miles  due 
east  of  the  capitah  Originally  one  of  the  most  important  towns 
of  the  Latin  league,  it  was  now  decayed  and  deserted  ;  cf.  Hor. 
Ep.  1.  11.  7  Gabiis  desertior,  Juv.  3.  192. 

9.  Bovillae :  about  10  miles  south  of  Rome  on  the  Via 
Appia  ;  like  Gabii,  a  populous  and  iraportant  member  of  the 
Latin  league  until  it  was  destroyed  by  Coriolanus.  It  is  best 
known  as  having  been  the  scene  of  Clodius'  murder  by  Milo  ;  cf. 
Cic.  pro  Mil.  passim. 

10.  Latinis :  sc.  feriis,  cf.  comitiis,  gladiatorihus,  ludis, 
Saturnalihus  etc.  The  Feriae  Latinae  (or  Latinae  simply,  cf. 
Cic.  ad  Att.  1.  3,  Livy  5.  17)  was  an  old  festival  of  the  Latin 
league  celebrated  on  the  Mons  Albanus,  because  Alba  originally 
was  the  leading  state  of  the  league  {pro  Mil.  §  85).  The 
festival  as  organised  by  Tarquinius  Superbus  consisted  in  the 
sacrifice  of  white  oxen  {sacrificiiim  Latinarum)  to  Jupiter 
Latiaris,  and  the  representative  of  each  Latin  town  was  given 
a  portion  of  the  victim  to  take  to  his  city  (Yarro  L.  L.  6.  25 
Latinispopulis  .  .  exAlhanomonteexsacriscarnempetereiuscum 
Romanis).  Even  after  the  Romans  had  complete  hegemony 
over  Latium  the  festival  was  still  celebrated.  The  date  of  the 
Feriae  Latinae  was  not  fixed  by  law  ;  it  was  one  of  the  first 
duties  of  the  consuls  before  leaving  for  their  provinces  to  decide 
when  they  should  take  place.  Since  the  festival  lasted  four 
days,  during  which  no  public  business  could  be  transacted,  this 
power  of  the  consuls  of  deciding  when  the  Feriae  should  take 
place  became  a  powerful  political  engine  in  repressing  any 
unconstitutional  movement ;  cf.  Cic.  Q.  Fr.  11.  6,  Livy  21. 
63,  Marquardt  K.  H.  iv.  441. 

12.  publicanum :  at  Rome  those  taxes  and  imposts  which 
varied  with  the  condition  of  trade,  e.g.  i\\Q portoria,  harbour-dues, 
were  sold  by  the  State  to  the  puhlicani  or  tax-farmers  for  a  kimp 
sum  of  money,  the  State  being  represented  in  the  contract  by 
the  censors.  The  puhlicani  then  collected  the  taxes,  vectigalia, 
themselves,  whereas  in  the  case  of  trihutum  and  the  stipendium  of 
the  provinces  the  State  was  responsible  for  its  collection.  The 
puhlicani  became  a  very  important  body  in  Rome,  and  were 
often  very  useful  to  the  State  in  the  matter  of  public  loans,  etc. , 


and  filled  very  much  the  position  of  the  large  bankers  of  to-day. 
They  had  all  the  privileges  of  the  ordo  equester,  as  by  the  law 
of  C.  Gracchus  any  one  with  an  income  of  more  than  400,000 
sesterces  became  an  eques.  Senators  might  not  belong  to  a  societas 
of  tax-farmers,  as  it  was  not  thought  advisable  that  those  who  had 
control  of  the  taxes  should  have  a  pecuniary  interest  in  them. 
The  soeietates  or  joint-stock  companies  were  carefully-organised 
and  efficient  bodies  with  an  elaborate  system  of  managers  and 
subordinates  to  facilitate  the  collection  of  the  taxes  of  the  larger 
provinces  ;  cf.  Livy  5.  7,  Cic.  pro  leg.  Man.  §  17  etc.  For  the 
prominent  position  held  by  Plancius'  father  in  these  societates 
vide  Introd.  §  13. 

in  honore,  'to  a  candidate  for  office/  sc.  petendo. 

12-14.  adiumentum  .  .  ornamentum  .  .  flrmamentum : 
the  termination  -mentum  is  very  frequent  in  Cicero,  especially 
in  his  speeches,  probably  owing  to  the  fact  that  it  produces 
words  which  by  their  length  and  spondaic  scansion  produce  a 
good  oratorical  effect ;  other  similar  words,  emolumentum, 
detrimentum,  impedimentum,  laxamentum  etc. 

15.  continetur,  'is  made  up  of,'  'is  comprised  in.'  In 
this  sense  used  only  in  the  passive  in  Augustan  prose,  contin^ere 
aliquam  rem  not  being  found. 

§  24  1.  16.  neque  iniuria,  'and  rightly  too '  did  they  show 
studium  singulare. 

17.  vel  quod  .  .  :  Cicero  gives  the  various  reasons  which 
induced  the  people  to  make  Plancius  aedile. 

princeps  publicanorum,  '  the  ruling  spirit  among  the  tax- 
farmers  '  ;  he  was  managing  director  of  several  of  the  societates, 
cf.  §  32,  Introd.  §  13. 

18.  sociis,  '  the  shareholders '  in  the  societates  or  joint-stock 

20.  huius  :  i.e.  Plancius. 

21.  illi :  i.e.  the  Roman  knights. 

X.  24.  aliquid  :  an  expression  of  modesty,  vide  §  20.  j 

dico  :  Wunder  needlessly  alters  this  to  dicam  on  the  grounc 
that  Cicero  more  commonly  uses  the  future. 
13       1.  non  enim  :  Cicero  may  say  it,  for  he  had  used  no  ille^ 
methods  in  supporting  Plancius'  candidature. 

2.  commemoratione  beneflcii,  'by  mentioning  the  kind-j 
ness  I  received  at  his  hands '  during  my  exile. 

NOTES  79 

4.  appellavi,  'I  canvassed  the  people  tribe  by  tribe,'  vide 
Introd.  §  22. 

5.  ultro  :  added  to  explain  aliquid  attulimus  ;  his  exertions 
were  great,  but  he  could  do  but  little  to  affect  the  poll  as 
every  one  had  already  of  his  own  accord  given  pledges  of  his 
support.  w/<7'0  =  properly  'beyond,'  'further,'  then  in  the 
Tnetaphorical  sense  of  * beyond  what  is  deraanded,'  'unasked,' 
'spontaneously.'  It  is  probably  an  ablatival  form,  *ultrod, 
cf.  ultra—*u2trad;  cf  uls  'beyond,'  olim,  olle,  Verg.,  oloes 
inscrr.,   the  stem  *ol-  having  the  meaning  'yonder,'  'there.' 

§  25  1.  6.  vir  amplissimus=:Cn.  Pompeius,  of  whom  Cicero 
often  speaks  in  his  speeches  in  flattering  terms,  although  we 
gather  from  his  letters  that  he  considered  Pompey  had  been 
guilty  of  a  great  breach  of  faith  in  not  doing  more  to  prevent 
his  exile. 

8.  de  aliquo  :  in  63  b.c.  a  certain  Titus  Ampius  Balbus 
proposed  a  law  that  Pompey  on  his  return  to  Rome  after  his 
Asiatic  successes  should  be  allowed  to  wear  a  crown  of  bay 
leaves  {corona  laurea)  and  all  the  decorations  of  a  triumphant 
general  at  the  Ludi  Circenses  ;  in  return  for  this  Pompey 
supported  his  candidature  for  the  aedileship,  but  unsuccessfully, 
cf.  Vell.  Pat.  11.  40. 

11.  rogatio  ipsa  :  Cicero  modestly  attributes  any  assistance 
he  was  able  to  give  Plancius  in  his  canvass  not  to  his  own 
personal  influence  and  the  authority  of  his  name,  but  to  the 
fact  that  appeals  for  support  are  always  efficacious  when,  as  in 
this  case,  they  are  based  on  the  claims  of  close  friendship  {pfficio 
necessitudinis  coniuncta).  rogatio :  significatur  petitio  quae 
facta  sit  pro  candidato  Schol.  Ambros. 

13.  quia  .  .  esset,  quia  .  .  essem :  Cicero  puts  the 
motives  of  his  action  as  he  thinks  they  will  be  given  by  others  ; 
hence  the  subjunctive. 

1 6.  potentia :  cf.  potentia  at  the  beginning  of  the  chapter, 
=  the  power  obtained  by  personal  influence,  position,  wealth 
etc,  powerof  a  superior  in  rank  over  an  inferior. 

causa  rogationis  :  cf.  ten  lines  above,  catisa  rogandi.  Cicero 
recurs  at  the  end  of  his  argument  to  these  words  as  a  sort  of 
refrain,  in  order  to  impress  on  the  jury  the  importance  of  his 
point  of  view  ;  cf  the  repetition  of  potentia  in  the  sarae  line. 

18.  huius  in  me  :  i.e.  'of  Plancius  towards  me.' 

§  26  1.  20.  ultro  offerebant :  i.e.  they  wished  to  support 
Plancius  because  of  his  kindness  to  Cicero. 


nomen  absentis :  cf.  Livy  36.  7  vim  tuam  praesentis 
exercitusque  tui  experiri. 

22.  an  .  .  mirarisrthe  v^hoXesentancQhomanMinturnenses 
to  fuisse  niiraris  is  worth  aiialysing  as  a  well-balanced  double 
period.  In  the  language  of  rhetoric  it  is  an  argumentatio  apari, 
i^  i<Twv,  cf.  Quint.  5.  11,  a  comparison  of  two  equals :  '  If  the 
people  of  Minturnae  are  immortalised  for  their  kindness  to 
Marius,  it  is  surely  natural  that  Plancius  should  derive  some 
distinction  for  his  kindness  to  me.'  The  argumentatio  is 
contained  in  two  periods,  an  .  .  versantur,  and  Plancio  .  . 
miraris.  The  second  is  peculiarly  compact  and  precise  ;  in  it 
note  (a)  Plancio  at  the  beginning,  Laterensis  in  miraris  at  the 
end  ;  (/S)  fidem  corresponding  to  receperit,  misericordiam  to 
iuverit,  virtutem  to  custodierit  and  conservarit. 

Minturnenses  :  in  88  b.c.  Sulla,  with  whom  Marius  had 
quarrelled,  obtained  the  chief  command  in  the  war  against 
Mithradates,  and  marched  on  Rome  to  repress  Marius  and  his 
supporters,  who  wished  to  deprive  him  of  his  command.  Marius 
escaped  from  Rome  by  sea,  but  was  compelled  by  stress  of 
weather  to  put  in  at  the  mouth  of  the  Liris  (Garigliano).  After 
hiding  in  a  marsh  for  a  time  he  was  discovered  and  handed 
over  to  the  magistrates  of  Minturnae,  who  at  first  imprisoned 
hira,  but  afterwards  treated  him  with  great  kindness  and  put 
him  on  a  vessel  on  which  he  succeeded  in  reaching  Africa.  His 
flight  is  admirably  described  in  Phitarch  3Iar.  36-39  ;  also  cf. 
Valer.  Max.  2.  10.  6  and  8.  2.  3,  Cic.  pro  Sest.  §  50,  de  Fin.  2 
§  105,  in  Pis.  §  43,  Juv.  10.  276  exilium  et  carcer  Minturna- 
Tumque  paludes  etc. 

23.  impiis  manibus :  it  is  said  that  an  executioner  {carnifex) 
was  sent  to  bring  him  back  to  Rome. 

27.  servarat :  i.e.  from  the  Teutones  at  Aquae  Sextiae  in 
102  B.c,  and  the  Cimbri  at  Vercellae  in  101  b.c. 

ominibus,  '  good  wishes '  ;  cf.  in  Pis.  §  31  egressum  ominilnis 

29.  ratione :  a  fuU  account  of  the  motives  of  Cicero's 
retirement  from  Rome  is  given  in  his  speech  post  reditum  §§  32- 
36  ;  cf.  infra  §§  35,  37.  Cicero  always  wishes  to  represent  his 
retreat  as  entirely  voluntary  and  made  on  patriotic  grounds, 
to  save  the  State  from  being  embroiled  in  faction  for  his  sake  ; 
vide  especially  ^jro  Sest.  cc.  17-19. 

14       1.  honori  seems  to  combine  the  two  senses  of  'distinction 
and  '  the  obtaining  of  office. ' 

NOTES  81 

XI.  §  27  1.  3.  vitia,  'failings,'  *  short-comings '  ;  mtium  is 
properly  a  flaw,  a  fault  in  the  composition  of  anything. 

vitia  .  .  mirere,  '  any  failings  certainly  in  Plancius'  char- 
acter  have  been  successfully  screened,  defended,  by  the  facts  I 
have  just  mentioned ;  (keep  this  in  mind)  so  that  you  may 
cease  to  be  surprised  that  with  such  a  career  as  I  am  going  to  talk 
of  he  had  so  much  to  support  him  in  his  candidature. '  A 
troublesome  sentence ;  two  prominent  ideas — vitia,  which  Cicero 
tacitly  admits  ;  in  ea  vita  de  qua  dicam,  which  is  really  the 
most  emphatic  part  of  the  sentence.  Cicero  is  refuting  some 
definite  statement  of  Laterensis,  who  had  probably  said  (a) 
Plancius  has  vitia,  (j3)  it  is  surprising  that  Plancius'  life  gener- 
ally  should  not  be  in  his  favour.  To  (a)  Cicero  replies,  Plancius' 
short-comings  are  compensated  by  res  eae,  i.e.  his  kindness  ;  to 
(j3)  that  when  Laterensis  has  heard  the  true  account  {ea  is 
emphatic)  he  will  cease  to  be  surprised. 

4,  potuerunt  is  a  pure  indicative  ;  all  other  editors,  how- 
ever,  take  it  as  =  a  potential ;  cf.  longum  est  '  it  would  be '  etc. 

ne  .  .  mirere :  there  is  an  ellipse  before  this,  '  I  say  this,' 
'  I  ask  you  to  notice  this '  ;  cf.  Cic.  de  Fin.  2  §  20  duae  sunt 
enim  res  quoque,  ne  tu  verha  solum  putes,  i.e.  res  ideo  dico 
nominatim  ne  .  .,  Cato  Ma.  §  55  senectus  est  natura  loquacior 
ne  ab  omnibus  eam  vitiis  videar  vindicare. 

6.  A.  Torquato :  in  the  year  of  Sulla's  death,  78  b.c,  he 
was  in  command  iu  Africa  as  propraetor. 

9.  contubernii  necessitudo,  '  the  intimate  friendship  aris- 
ing  from  sharing  the  same  quarters. '  contiibernium  from  con  and 
taJberna  ;  the  vowel  a  in  tab  is  weakened  by  the  accent  on  the 
preceding  syllable.  In  the  vowel-weakening  of  post-tonic  a 
there  are  three  stages,  a  ^  u  -^  i  {ox  ii)  ;  \n  the  case  of  con- 
tuberniu7n  language  never  fulfilled  its  proper  tendency,  the 
older  form  with  u  being  retained  by  'recomposition,'  i.e.  a  sort 
of  scientific  archaising  which  began  about  20  b.c.  owing  to  the 
introduction  of  grammatical  studies  from  Greece.  We  expect 
contibernium,  cf.  incipio  ;  similar  old  forms  are  nuncupo  {*nomi- 
cap-[io]),  occupo  ;  cf  Stolz  in  I,  Miiller  Handbiich  p.  270. 

11.  patruelis :  T.  Manlius  Torquatus,  one  of  the  witnesses 
in  the  case  ;  an  orator  of  sonie  ability,  trained  in  the  same 
school  as  Cicero,  that  of  Molo  at  Rhodes,  Brut.  70  §  245. 

15.  in  Creta :  Saturninus  and  his  relative  Plancius  served 
in  Crete  from  69  to  67  b.c,  under  Q.  Metellus. 

16.  contubemalis :  vide  supra.  co^itubernales  or  comites 
was  the  term  applied  to  young  men  of  good  birth  who  volun- 



tarily  attached  themselves  to  the  staff  {cohors  praetoria)  of  some 
distinguished  general  in  order  to  acquire  military  experience. 
The  custom  was  transferred  to  civil  life,  and  it  was  customary 
for  young  men  to  join^the  suite  of  a  prominent  politician  to 
learn  politics  from  him,  and  sometimes  act  as  his  private 
secretary  ;  thus  L.  Gellius  was  contubernalis  of  C.  Carbo  when 
consul ;  cf.  Brut.  §  105,  pro  Cael.  §  73. 

19.  C.  Sacerdos  in  68  b.c.  became  Q.  Metellus'  legatus  in 
Crete.     In  74  b.c.  he  had  preceded  Verres  as  praetor  of  Sicily. 

20.  L.  Flaccus  was  also  Metellus'  legatus  {pro  Flacc.  c.  3). 
He  was  defended  by  Cicero  in  59  b.c.  on  a  charge  de  repetundis, 
extortion  in  his  province.  In  the  year  of  Cicero's  consulship, 
63  B.c,  he  was  praetor,  and  was  instrumental  in  the  arrest  of 
the  ambassadors  of  the  Allobroges. 

21.  adsiduitate  :  cf.  adsident  below  ;  adsidere  is  properly  to 
sit  beside,  then  to  be  present  in  court  as  advocatu^,  a  friend 
who  is  present  to  support  the  accused  and  influence  the  jury  in 
his  favour. 

§  28  1.  22.  in  Macedonia :  where  Plancius  was  quaestor 
under  the  Lucius  Apuleius  mentioned  below  ;  cf.  Introd.  §  13. 

30.  in  parentum  loco :  cf.  Div.  in  Caec.  §  61  accejrimus 
praetorem  quaestori  parentis  loco  essc  oportere.  The  quaestorship 
being  the  first  step  in  a  political  career,  it  was  considered  im- 
portant  that  the  young  quaestors  should  be  directed  by  the 
praetors  of  the  province  in  which  they  exercised  their  ofi&ce  of 
15  2.  isti :  the  tribunes  of  the  year  57  B.c,  eight  of  whom  had 
been  in  favour  of  Cicero's  recall,  the  remaining  two  opposing  it. 
We  must  suppose  that  Laterensis  had  praised  the  activity  of 
the  tribunes  of  57  B.c  in  order  to  depreciate  what  Plancius  had 
done  as  tribune  in  the  following  year,  since  vehemens  can  apply 
only  to  Milo  and  P.  Sextius,  not  to  the  other  tribunes. 

XII.  §  29  L  5.  scaena :  scaena  is  the  correct  spelling, 
although  the  word  =  Gk.  aK-rjvri.  The  Eomans,  feeling  that  the 
Greek  77  was  a  more  open  sound  than  the  ordinary  Latin  e, 
made  use  of  the  ae,  which  was  a  feature  of  country  dialects  ;  cf. 
the  *  rustic '  0  for  more  refined  Latin  au  in  plostruin — plaustrum, 
Plotus — Plautus,  loreola  (Cic.  Epist.) — laureola,  Clodius — Clau- 
dius.  Similarly  the  Celtic  reda  became  in  Latin  raeda,  cf  Stolz 
Lat.  Gram.  p.  271.  in  scaena,  '  before  all  men's  eyes '  ;  for 
tlie  metaphor  cf.  Cic.  de  Or.  3  §  162  quamvis  sphaeram  in 
scaenam  ut  dicitur  attulerit  Ennius,  the  ut  dicitur  showing  it 
to  be  a  proverbial  expression.     Cf.  Hor.  Sat.  2.  1.  71  a  volgo  et 

NOTES  83 

scaena,  Cic.  Verr.  5  §  35  quaesturam  quasi  in  aliquo  orhis 
terrarum  theatro  versari  acstimaham. 

6.  ut,  'liow'  ;  almost  tlie  oldest  use  of  ut  =  uti=*cut%  con- 
iiected  with  stem  quo-  of  quis,  qui  etc,  '  in  some  way,'  or  *in 
what  way ' ;  cf.  development  of  Greek  ^ttws  from  modal  to  final.  " 

9.  secus  est  parens,  '  a  parent  is  not  much  different  from 
a  god.' 

13.  cum  videtis :  the  use  of  cum  with  the  indicative  to 
express  contemporaneous  action,  where  cum  may  be  represented 
by  eo  quod  'in  that  .  .  ,'  is  usually  called  the  locative  use, 
because,  for  instance,  gratulor  tihi  quum  vales  is  parallel  exactly 
to  gratulor  tihi  in  hac  re.  From  this  oldest  locative  use  of  cum 
(which  always  is  joined  to  an  indicative)  are  derived  all  other 
uses.  It  is  noticeable  that  quum  or  cum  is  itself  a  locative 
from  stem  quo-  in  quis  etc.  and  =  *  quosme  (cf.  Umbrian  pusme), 
and  corresponds  to  tum  =  *  tosme  from  the  demonstrative 
stem  to- ;  vide  note  on  Plauti  Pseudolus  1.  477,  Camb.  Univ. 

15.  tot  viris  talibus  :  a.sjndeton  =  tot  viris  ac  talihus. 
veste  mutata  :  vestem  mutare  is  the  ordinary  phrase  for  '  to 

put  on  mourning' ;  sordes,  sordidatus,  squalere,  in  squalore  esse  are 
similarly  used  ;  cf.  squalehat  civitas,  pro  Sest.  §  32,  pro  Mil.  §  20. 
The  tot  viri  tales,  in  order  to  appear  in  mourning,  had  changed 
their  tunica  with  the  angustus  clavus,  a  narrow  stripe  for  a 
plain  black  tunic.  If  they  were  senators  they  wore  the  tunica 
with  angustus  clavus  instead  of  the  tunica  laticlavia.  Magis- 
trates  laid  aside  their  official  purple-edged  cloak  {toga  praetexta), 
and  the  ordinary  citizens  wore  no  toga  at  all.  It  was  the 
custom  also  during  the  time  of  mourning  to  let  the  hair  and 
beard  grow  long,  and  those  who  were  entitled  by  their  position 
to  wear  a  toga  wore  the  oldest  and  shabbiest  they  had. 

16.  solida  et  expressa,  'sirong  and  genuine.'  The  meta- 
phors  are  from  material  objects  :  solidus  is  used  of  what  cannot 
be  broken,  opposed  to  fragilis ;  expressus  is  used  of  anything 
modelled  in  wax,  stone,  plaster  etc.  ;  its  opposite  is  adumhratus, 
merely  sketched  ;  exprimere  figuratively  thus  =  to  represent 
exactly,  clearly,  and  never  has  the  simple  meaning  '  to  express.' 
solidus  and  expressus  are  very  frequently  used  in  combination 
by  Cicero,  cf.  de  Off.  3  §  69,  de  Nat.  Deor.  1  §§  75  etc,  Tusc. 
3  §3. 

17.  fucata  .  .  veritatis= 'not  with  a  superficial  veneer 
put  on,  as  is  the  case  with  articles  which  are  intended  for  sale 
in  the  open  raarket,  but  stamped  with  signs  of  genuineness, 


as  one  stamps  articles  which  belong  to  the  house  and  are  a 
permanent  possession  with  marks  burned  into  them.'  forensis 
to  domesticus. 

18.  inusta:  inurere  Msually  in  a  bad  sense  'to  hva.nd,'  pro 
Cluent.  §  129. 

futtilis :  the  MSS,  all  read  faeilis,  other  emendations  are 
fallax,  fragilis.  futtilis  'this  courting  and  complimenting 
of  the  people  is  worthless.'  U  facilis  is  retained — and  as  the 
codices  are  unanimous  it  should  be  retained  if  at  all  possible — 
it  must  be  translated  either  (1)  'easily  given,'  'costing  nothing,' 
or  (2)  'volatile,'  'shifting,'  a  use  unparalleled  in  Cicero,  but  cf. 
Verg.  Aen.  8.  SIO  faciles  oculi  'easily  moving.' 

20.  non  excutitur :  lit.  'is  not  shaken  out,'  as  a  garment 
is  shaken  out  by  the  buyer,  i.e.  'examined' ;  cf.  Gk.  iK<reieiv. 

non  in  manus  sumitur  is  unnecessarily  bracketed  by  Land- 
graf  as  a  gloss  (or  glosseme),  an  explanation  of  excutitur ;  the 
rhythm,  however,  of  the  sentence  is  in  favour  of  its  retention. 

§  30  1.  21.  rebus  externis  :  in  public  life. 

22.  rebus  domesticis  :  in  private  life. 

inferiorem  quam  te :  according  to  the  grammarians,  e.g. 
Zumpt  §  484,  inferior  and  posterior  only  take  the  ablative  of 
comparison  and  are  not  used  with  quam.  Instances,  however, 
are  not  uncommon,  e.g.  de  Off.  1  §  116  inferior  quam  pater. 
Ernesti  considers  the  whole  passage  interpolated. 

23.  generis  .  .  nominis,  '  in  some  considerations — I  mean 
those  of  birth  and  name.'  These  genitives  depend  on  rehus 
and  define  or  deseribe  the  res  more  closely.  The  genitive  is 
originally  the  case  of  connexion,  a  characteristic  which  is 
capable  of  very  varied  extension,  and  the  exact  nature  of  which 
depends  on  the  context  of  each  passage.  Landgraf  emends  to 
genere  et  nomine,  Orelli  generis  dico  et  nominis  decore,  Bak. 
generis  dico  et  nominis  commcTidatione.  genus  =  nobility  of  birth, 
Tiomew  =  family  renown,  referring  to  the  fact  that  both  Later- 
ensis'  father's  and  mother's  family  was  of  consular  rank.  dico 
'  I  mean, '  cf.  Gk.  X^yo  8i. 

aliis,  '  in  other  respects.' 

24.  societatum,  'joint-stock  companies,'  §  32. 

16       1.  iacis,  'you  let  fall  hints  of  .  .  ' ;  cf.  iacere  probra,  con- 
tumelias  in  aliquem. 

non  modo  .  .  sed  ne  .  .  quidem  instead  of  non  modo 
tion  .  .  sedne  .  .  quidem,  because  both  clauses  have  a  common 

NOTES  85 

predicate  ;  cf.  de  Off.  3  §  77  talis  ais  non  modo  facere  sed  Tie 
cogitare  quidem  quidquam  audebit. 

2,  bimaritum,  'bigamist,'  cf.  Varro  hivira. 

5.  impunitum  in  maledicto  mendacium, '  an  unwarranted 
and  scandalous  lie,'  lit.  'an  unwarranted  lie  in  (in  addition  to) 
a  scandal.'  impunitus,  lit.  'unpunished,'  *  unchecked, '  'reck- 
less '  ;  cf.  pro  Scauro  §  15  impunita  mentiendi  licentia  maledictum 
'a  scandalous  statement,'  but  not  necessarily  false,  hence 
mcndaciu7n  is  added  ;  cf.  pro  Mur.  §  13  maledictum  est  si  vere 
ahiciatur  vehementis  accusatoris. 

6.  mimulam,  '  some  wretched  ballet-dancer. ' 

a  iuventute  =  a  iuvenibus  quibusdam.  Cicero,  in  excusing 
this  act  of  Plancius,  mentions  two  circumstances — (a)  a  iuventute, 
a  vague  expression  which,  without  stating  definitely  that  Plancius 
was  one  of  these  young  men,  urges  that  it  was  a  mere  youthful 
frolic  ;  (/3)  that  it  was  a  common  usage,  almost  a  law  or  privilege 
{vetere  iure),  which  prevailed,  if  not  at  Eome,  at  any  rate  in  the 
provincial  towns.  We  know  nothing  of  any  vetus  ius ;  the 
instance  of  a  similar  occurrence  in  Livy  2.  18  does  not  show 
that  such  were  frequent. 

8.  oppidano  :  opposed  to  urhano. 

§  31  1.  8.  eleganter  =  honeste,  *  uprightly '  ;  cf.  pro  Sulla 
§  79,  where  elegantia  (vitae)  is  joined  to  integritas. 

10.  emissus  aliqui,  'but  you  say  some  one  was  let  loose 
from  prison,'  i.e.  by  Plancius  when  trihunus  plebis.  aliqui  is 
the  reading  of  the  codex  Tegernseensis  and  is  kept  by  all  recent 
editors.  aliqui  cannot  be  adjectival  here,  and  we  must  consider 
it  as  =  aliquis. 

et  quidem,  'yes,  but  .  .'  Kal  .  .  ye.  A  vivid  form  of 
affirmation  used  to  bring  into  prominence  the  reasons  urged  in 
defence  of  the  action,  an  effect  which  is  enhanced  by  the  repeti- 
tion  of  emissus  ;  cLpro  JRab.  Post.  8  §  22  a^  dioecetes  fuit  regius, 
et  quidem  in  custodiafuit  regia. 

13.  praemandatis,  'a  warrant  for  his  arrest,'  cf.  Vatin.  ep. 
ad  Fam.  5.  92  ego  tamen  terra  marique  ut  conquireretur  \ana- 
gnostes\  praemandavi. 

14.  de  cuius  .  .  dubitetis,  '  in  order  that  you  may  doubt ' 
=  ut  de  eius  .  .  duhitetis. 

15.  religione,  'uprightness,' 'senseof  duty.'  Themeanings 
of  religio  (probably  connected  with  lig-are,  that  which  binds 
down  ;  cf.  licta,  lex,  Lucr.  1.  109  and  Munro's  note)  fall  into 
two  classes  : — L  Subjective,  religious  fear  :  (a)  conscience,  con- 


scientiousness,  e.g.  expers  religionis,  unscrupulous  ;  (/3)  piety, 
devotion,  worship,  belief,  superstition.  II.  Objective,  the 
object  of  that  religious  fear,  aliquid  religioni  hahere,  to  consider 
a  thing  an  object  of  religious  fear,  either  of  things  or  places, 
Q.g.  fanum:  (a)  active,  a  religious  obligation,  an  oath ;  (/3) 
passive,  that  which  is  sacred,  quae  religio?  aut  quae  machina 
hclli?  of  the  wooden  horsQ,Aen.  2.  151  ;  that  which  is  contrary 
to  the  gods'  will,  a  crime,  sin,  curse,  of  which  one  stands  in  awe, 
e.g.  exsolvere  rem  puhlicam  religione.  The  correct  spelling  in 
Augustan  prose  is  religio,  in  older  writers  and  in  verse  relligio 
is  found. 

XIII.  pater  etc.  :  the  elder  Plancius,  at  the  time  when  he 
was  the  most  prominent  of  the  puhlicani,  made  himself  very 
unpopular  with  the  senatorial  party  ;  and  Laterensis  had  ex- 
pressed  the  opinion  that  his  support  would  or  should  only 
prejudice  his  son's  case.  The  circumstances  (vide  Introd.  §  13) 
were  briefly  these  :  a  societas  or  tax-farming  joint-stock  com- 
pany,  in  61-60  b.c,  of  which  Plancius  was  director,  had  bid  for 
and  received  the  contracts  for  the  taxes  of  Asia.  Owing  to  the 
Mithradatic  war,  which  had  reduced  the  resources  of  the 
country,  they  found  afterwards  that  it  was  impossible  to  get  in 
enough  money  to  make  the  contract  pay  ;  they  consequently 
asked  for  an  abatement.  The  senate  was  disinclined  to  grant 
it ;  finally,  by  Caesar's  exertions,  a  reduction  of  a  third  was 
granted.  Cn.  Plancius  during  the  whole  proceeding  followed 
a  strong  line,  and  did  not  hesitate  to  express  his  opinion  openly 
of  the  niggardliness  of  the  senatorial  party. 

17.  ut,  ' do  you  wish  that  .  .,'  introducing  a  rather  indig- 
nant  question ;  cf.  Catil.  1  §  22  tu  ut  ullam  fugam  meditere  ? 
tu  ut  exilium  cogites  ? 

18.  in  dimicatione  =  m  discrimine,  in  periculo  fortunarum, 
'  when  all  his  material  interests  are  at  stake '  ;  whilst  capitis 
siboye=social  status,  caput  etfortunae  is  legal  language. 

19.  tales  viros  :  sc.  iudices. 
turpissimus,  'immoral,'  'depraved.' 

20.  sordidissimus,  'of  low  birth.' 

22.  communi  sensu :  according  to  Munro  on  Lucr.  1.  422 
there  are  two  main  uses  of  this  phrase,  which,  however,  often 
run  into  each  other:  {i.)  =  naturalis  sensus,  the  sense  or  instinct 
given  by  nature  to  all  sane  men.  Cicero  uses  the  phrase  in 
this  sense  both  in  sing.  and  plur.,  cf.  pro  Cluent.  17,  de  Orat. 
3.  195,  and  the  passage  before  us  ;  (ii.)  a  distinct  usage  =  the 
social  sense,  *  an  acquired  perception  of  the  common  duties  and 

NOTES  87 

proprieties  expected  from  each  member  of  a  community,'  'tact,' 
'sense  of  social  duty'  ;  cf.  Hor.  Sat.  1.  3.  65 — 

quovis  sermone  molestus  ; 
'  communi  sensu  plane  caret '  inquimus, 

Cf.  infra  §  34,  de  Orat.  1.  12,  also  Seneca,  Quintilian,  Juvenal. 
Landgraf  attempts  the  distinction  of  communis  sensus  =  comvi\oxi 
instinct,  the  ordinary  opiuion  of  mankind  =  (i.) ;  sensus  communis 
=  (ii.)  tact.  In  no  classical  author  has  the  phrase  ever  the 
meaning  '  common  sense ' ;  cf.  for  an  exhaustive  discussion  of 
the  subject  Mayor  on  Juv.  8.  73. 

commendatione  naturae,  'the  voice  of  nature,'  lit.  *the 
commending  voice  of  nature '  ;  cf.  de  Or.  2  §  257  oculorum  com- 
mendatione,  pro  Flacc.  §  24  commcndatione  famae.  For  somewhat 
similar  instances  of  this  tendency  towards  fulness  of  expression 
in  Latin,  or  at  any  rate  Ciceronian  Latin,  we  may  compare  the 
Latin  preference  for  compounded  verbs  where  in  English  the 
simple  verb  seenis  sufficient,  also  such  constructions  as  vitiatus 
atque  corrwptus  '  utterly  false  '  ;  vide  note  on  §  1. 

§  32  1.  28.  Crassi :  P.  Licinius  Crassus,  father  of  Marcus 
Crassus  the  triumvir,  during  his  consulship  triumphed  over  the 
Lusitanians.  Li  86  B.c.  he  committed  suicide  to  avoid  falling 
into  the  hands  of  Cinna  and  Marius  ;  cf.  Livy  Epit  80. 

29.  ut  postea :  the  ut,  like  those  above,  follows  is  and  ea. 

30.  inter  suos  =  do7ni. 

17       1.  societatum  auctor,  'the  promoter  of  the  largest  tax- 
farming  companies. ' 

2.  non  modo  .  .  sed  :  usually  sed  etiam  ;  non  modo  almost 
=  7ie  dicam. 

4.  vel  minus  honestum  et  alienum,  '  even  a  less  honour- 
able  man,  and  one  who  was  in  no  way  related  to  him.'  alienus, 
opposite  oi  propinquus  or  necessarius. 

vel  auctoritate  vel,  'bothby  .  .  and.' 

§  33  1.  5.  inquit :  sc.  Laterensis. 

7.  ergo  etc.  :  the  connexion  of  thought  is  '  if  lihertas,  free- 
dom  of  speech,  cannot  be  tolerated,  are  we  to  tolerate  the  free 
and  reckless  remarks  whicli  Laterensis  himself  has  made  about 
the  character  of  the  elder  Plancius  ?  But  Roman  knights  have 
always  been  outspoken :  for  instance,  they  criticised  the  great 
Scaevola  in  a  very  outspoken  manner.' 

9.  ubinam  .  .  ubi  .  .  ubi :  for  the  anaphora  cf.  §  9. 

13.  Scaevolam :    Quintus   Mucius  Scaevola  Pontifex  (the 


last-named  title  to  distinguish  him  from  Q.  M.  Scaevola  Augur) 
was  consul  in  95  b.c.  with  L.  Licinius  Crassus,  whose  colleague 
he  was  in  all  state  offices  except  the  tribunate  and  the  censor- 
ship.  Distinguished  for  his  eloquence,  which  Cicero  speaks  of 
in  the  highest  terms  in  Brut.  115,  163,  de  Or.  2  §  229,  also  for 
his  knowledge  of  law.  He  was  the  first  lawyer  to  systematise 
the  Roman  codes,  the  ius  civile ;  cf.  de  Off.  1  §  116,  de  Or.  1  §  180. 
Cicero  attended  his  responsioTies,  or  formal  statements  of  opinion 
on  legal  points.  In  99  b.c.  he  was  praetor  of  Asia  for  nine 
months,  and  distinguished  himself  by  his  unflinching  justice 
and  his  stern  repression  of  the  extortionate  practices  of  the 
publicani,  in  which  he  was  well  supported  by  his  quaestor, 
Rutilius  Rufus,  who  was  prosecuted  by  them  in  92  b.c,  and,  in 
spite  of  Scaevola's  defence,  was  condemned,  probably  owing  to 
the  fact  that  at  that  time  the  jury-courts  were  almost  entirely 
in  the  hands  of  the  equites.  Scaevola  met  his  death  in  the 
battle  of  Sacriportus  in  82  b.c.  Cf.  ad  Att.  9.  12.  15,  de  Nat. 
Deor.  3  §  80,  Brut.  §  311,  Vell.  Pat.  2.  26. 

15.  et  libere  :  Landgraf  brackets  these  words  on  the  ground 
that  they  are  weak  after  aspere  et  ferociter ;  but  the  MSS.  all 
contain  them  and,  as  Wunder  remarks,/aci7ms  asperitas  etferocia 
equitis  Bomani  quam  lihertas  tolerahatur. 

XIV,  16.  consuli  etc.  :  the  connexion  is  'why  should  I 
mention  the  outspoken  remarks  made  by  puhlicani  and  knights 
to  the  aristocracy,  when  even  an  auctioneer  was  allowed  to  say 
the  rudest  things  to  a  consul  unchallenged  ? ' 

Nasicae  :  P.  Corn.  Scipio  Nasica  was  consul  in  111  b.c. 
with  L.  Calp.  Bestia.  Cicero  Brut.  §  128  says  of  him  omnes  sale 
facetiisque  superahat. 

Granius  :  an  auctioneer  noted  for  his  humorous  sayings  and 
caustic  wit,  cf.  de  Or.  2  §  244  Granio  nemo  quidem  dicacior ;  cf. 
Brut.  §§  160,  172,  de  Or.  2  §§  254  and  281. 

17.  iustitio  {ius,  sistere),  ' a.  cessation  of  allpublic  business.* 
A  iustitium,  according  to  Mommsen  Staatsrecht  i.  p.  263,  implied 
acessationofprivate  suiiB  {differt  vadimonia praetor  Juv.  3.  213), 
the  closing  of  the  treasury,  aerarium,  the  postponing  of  all 
public  auctions,  the  prorogation  of  the  sittings  of  the  senate, 
and  generally  the  suspension  of  all  public  business,  with  the  ex- 
ception  of  those  for  the  furtherance  of  which  the  iustitium  had 
especially  been  declared,  e.g.  in  this  case  the  levying  of  troops 
for  the  Jugurthine  war  which  had  just  broken  out,  111  b.c. 

18.  reiectae  :  in  this  word  lies  the  point  of  the  joke  ;  with 
auctiones  it  =  dilatae  '  put  off, '  with  legationes  it  =  repudiatae.     In 

NOTES  89 

order  to  obtain  an  audience  of  the  senate,  embassies  found  it 
necessary  to  make  large  presents  to  the  consuls,  cf.  ad  Q.  Fr, 
2.  12.  Granius'  saying  is  all  tho  more  caustic  because  Nasica's 
integrity  was  well  known.  The  embassy  here  referred  to  was 
that  undertaken  by  Jugurtha's  son  and  two  of  his  intimate 
friends  ;  the  answer  they  got  was  uti  diebus  X  Italia  decederent 
Sall.  Jug.  27  sq.  To  prevent  this  system  of  bribery,  in  the  year 
67  B.  c.  a  decree  of  the  plebs  was  passed  (the  so-called  lex  Gabinia) 
that  the  senate  should  devote  the  month  of  February  exclusively 
to  the  reception  of  embassies.  The  senate  were  also  compelled 
to  give  their  award  within  ten  days  of  the  reception  of  the 
envoys  ;  cf  Cic.  ad  Q.  Fr.  2.  11,  32  ;  vide  Mommsen  Staats- 
recht  iii.  p.  1156. 

auctiones,  '  public  auctions  '  ;  these  were  held  in  the  open  or 
in  atria  auctionaria,  a  spear  being  always  planted  in  the  ground 
as  the  official  sign  of  the  auction.  The  articles  were  put  up  for 
sale  by  tla.epraeco,  the  money  for  them  being  paid  to  the  argentarius 
or  clerk  who  attended  him.  The  praecones  received  a  commission 
on  the  goods  sold,  hence  Granius'  supposed  disappointment. 

20.  M.  Druso :  M.  Livius  Drusus,  tribune  in  91  b.c,  felt  it 
his  duty  to  '  rise  in  revolt  against  the  oppressive  and  disgraceful 
political  control  which  precluded  any  possibility  of  upright 
administration,  and  to  make  a  serious  attempt  at  reform ;  he 
was  a  nian  with  whom  the  beautiful  saying  that  nobility 
constitutes  obligations  was  and  continued  to  be  the  rule  of  his 
life,'  Mommsen.  His  proposals  for  reform  were,  however, 
annulled  by  the  great  capitalists,  and  Drusus  himself  was 
murdered ;  cf.  Mommsen  Rom.  Hist.  iii.  224  '  The  Attempt  of 
Drusus  at  Eeform.' 

22.  quid  agis?  may  have  two  meanings  according  to  the 
accent ;  Drusus  meant  '  how  do  you  do  ? '  Granius  meant 
'what  are  you  doing?'  *what  have  you  got  on  hand  now?' 
alluding  to  his  political  schemes  {magna  molientem)  ;  cf.  Hor. 
Od.  1.  14  0  quid  agis? 

23.  L.  Crassi :  L.  Licinius  Crassus,  consul  with  Scaevola 
the  pontifex  in  95  b.c,  was  instrumental  in  passing  the  lex 
Mucia  for  the  expulsion  of  aliens  from  Rome.  Best  known  as 
an  orator  ;  Cicero  makes  him  the  leading  speaker  in  the  de 
Oratore,  cf.  de  Or.  3  §§  1-8,  de  Off.  2  §  57. 

Marcus  Antonius,  the  grandfather  of  Mark  Antony  the 
triumvir,  was  praetor  of  Cilicia  in  104,  where  he  distinguished 
himself  in  the  operations  against  the  pirates.  A  staunch 
adherent  of  the  Optimates,  he  was  put  to  death  by  Marius  and 
Cinna  in  87  b.c.     As  an  orator  Cicero  always  speaks  of  him  in 


the  highest  terms,  and  introduces  him  into  the  de  Oratore ;  cf. 
Valer.  Max.  8.  9.  2,  Tusc.  5  §  55,  de  Orat.  1  §  172. 

24.  voluntatem,   'policy,'  'political  principles,' 

25.  nostra  adrogantia :  some  inferior  MSS.  read  vestra. 
nostra  refers  to  the  Optimate  party,  of  which  Cicero  considers 
himself  an  adherent,  cf.  infra  §  45  noster  ordo,  i.e.  senatorius. 

§  34  1.  28.  Planci :  i.e.  the  elder  Plancius. 
contumeliae,   '  was  there  ever  a  remark  of  Plancius'  which 
did  not  express  sorrow  rather  than  abuse  ? ' 

29.  a  sociis  :  the  other  shareholders  in  the  tax-farming 
companies  {societates). 

30.  iniuriam  :  for  details  of  the  diflBculty  which  fhepublicani 
had  in  getting  an  abatement  of  the  contract  for  the  taxes  of 
Asia  vide  note  on  §  31.  When  the  people  voted  for  the  reduc- 
tion  of  the  estimate,  Plancius  the  elder  had  been  the  first  citizen 
to  record  his  vote. 

18  3.  tulit  apertius,  'displayed  less  disguisedly,'  cf.  prae 

4.  communis  sensus,  'tact,'  vide  §  31  note. 

5.  hic  =  Plancius  the  elder. 

6.  promptum  liabere=:m  promptu  hahere,  lit.  *to  have 
ready,'  '  to  show,' '  give  vent  to,'cf.  Sall.  Cat.  10.  5  aliud  clausum 
in  pectore,  aliud  promptum  in  lingua  habere.     haheo  with  the 

*  perf.  part.  passive  (habeo  visum,  It.  ho  veduto,  Fr.  fai  vu)  is 
commoner  in  Cicero's  letters  than  in  his  speeches,  cf.  ad  Fam. 
6.  2  statutum  habere ;  so  expertum,  absolutum,  susceptum  etc. 
For  a  careful  collection  of  such  instances  vide  Thielmann  Archiv 
f.  Lat.  Lex.  ii.  pp.  372  and  509. 

§  35  1.  7.  ex  me,  '  from  my  own  experience. ' 

8.  conferuntur,  'are  referred  to,  are  put  down  to  Plancius,' 
cf.  ad  Fam.  vii.  32  omnia  ornniicm  dicta  in  me  conferri. 

10.  contentione  dicendi,  'carried  away  by  my  speech.' 

et  quia  etc. ,  '  and  because,  as  so  often  happens,  some  saying 
gets  abroad — it  may  not  be  very  witty,  but  at  any  rate  not 
entirely  stupid,  and  whoever  may  have  said  it,  it  is  put 
down  to  me.'  All  rhetoricians,  from  Aristotle,  recommend, 
especially  in  the  exordium,  the  use  of  witticisms,  rb  yekoiov, 
ridiculum,  urbanitas  etc,  either  (a)  derived,  aTrb  ttjs  X^^em, 
(j8)  dvb  tQv  Trpay/xdTou,  (y)  dicta,  (5)  facta.  Aristotle  Rhet. 
3.  18.  7  %ipi  8^  tC}v  yeXoicjv  iireLdri  Tiva  Jo.vei  XPV'^'-^  ^^  ^oh 
dydai  Kal  8eiv,  icp-q  Vopyias,  t7]v  fxkv  <7Trov8y]v  (earuestness)  8ia- 

NOTES  91 

(pdeipeiv  tQ}v  ivavrluv  y^XioTi,  Tbv  5^  yiXiOTa  cnrov8rj  dpdQi  \4yiov. 
dpy}Tac  irdaa  etdrj  yeXoiuv  €(ttIv  iv  Toh  irepl  iroirjTiKijs  (this 
part,  however,  of  the  Poetics  is  lost)  Siv  t6  yikv  apfibTTei 
iXevdipo}  (the  gentleman),  rd  5^  o^.  Sttws  odv  t6  HpfioTTov  avTi^ 
\rj\l/€Tai.  iffTL  d'  i}  elpcovela  ttjs  /Sw/ioXox^as  (buffoonery)  i\€vde- 
piuyrepov'  6  [xkv  ykp  avTov  eVe/ca  Troiet  t6  ^eXoiOJ'*  6  5k  ^ufMo^oxos 
€Tipov.  Cf.  Quint.  6.  3.  1  ff.  .  .  risum  iudicio  movendo  .  .  et 
animum  ab  intentione  rerum  frequenter  avertit  et  aliquando 
etiam  reficit.  .  .  Cicero  believed  strongly  in  the  rhetorical 
effect  of  his  witticisms,  cf.  Orat.  26.  90,  de  Orat.  2.  58-71. 
Quintilian,  however,  talks  of  hira  as  in  salihus  aliquando 
frigidus  12.  10  §  12.  His  dTro(pdiyfjt,aTa  were,  nevertheless, 
much  admired,  and  many  of  them  were  incorpor*ted  in  the  dif- 
ferent  collections  of  witticisms  made  in  his  day,  e.g.  by  Caesar, 
Trebonius,  and  Cicero's  amanuensis  Tiro.  Cf.  ad  Fam.  6.  32, 
9.  16,  15.  2.  On  the  humour  of  the  ancients  generally  vide 
Arist.  Rhet.  3.  18.  7,  Quint.  6.  3  f.,  Cramer  Anecd.  Paris.  i. 
p.  403,  Volkmann  Rhet.  p.  234. 

15.  stomachor  etc.     For  the  sentiment  cf.  Mart.  1.  39 — 

quem  recitas  meus  est  o  Fidentine  lihellus 
sed  TYiale  cum  recitas  incipit  esse  tuus. 

Cf.  ad  Fam.  7.  32. 

16.  scivit  legem :  voted  first  for  Caesar's  law,  which 
reduced  the  contract  made  by  the  puhlicani.  This  lex  Julia 
de  puhlicanis  remitted  a  third  of  the  amount  of  the  contract,  cf. 
Suet.  Caes.  20,  Dio  Cass.  38.  7. 

22.  sortis  :  the  order  in  which  the  tribes  gave  their  votes 
was  decided  either  by  lot  or  by  the  presiding  ofiicer,  in  this 
case  Caesar.  The  votes  of  the  remaining  thirty-four  tribes  were 
influenced  considerably  by  the  vote  of  this  tribus  praerogativa, 
cf.  Livy  24.  7,  27.  6  ;  vide  Introd.  §  21. 

splendor  Planci :  sc.  est,  '  it  is  a  great  compliment  to  my 
client  Plancius. ' 

23.  hunc=Plancius'  father. 

XV.  §  36  1.  25.  sed  here  introduces  a  reditus  ad  propositum. 

aliquando  =  tandem  aliquando,  '  and  it  is  high  time  too. '  The 
argument  in  full  is  '  but  let  us  come  at  last  to  the  point  at 
issue  (whether  Plancius  has  made  use  of  sodalicia) ;  in  dealing 
with  this  you  have  made  the  lex  Licinia,  which  really  only 
treats  of  illegal  combinations  {sodalicia),  embrace  all  the  laws 
about  corrupt  practices  (ambitus)  in  general.  Your  sole  motive 
in   making    your  charge  under  this  lex  Licinia  was  to  avail 


yourself  of  the  method  of  choosing  a  jury  which  it  enjoins,  If 
this  method  of  forming  a  panel  is  fair  in  any  case  of  corrupt 
practices  (and  I  hardly  think  it  is)  except  in  these  cases  which 
affect  the  tribes  as  such,  I  fail  to  see  why  it  was  only  in  cases 
of  this  nature  that  the  senate  decreed  that  the  tribes  from 
which  the  jury  were  chosen  should  be  named  by  the  prosecutor, 
and  did  not  apply  this  same  system  of  nomination  to  all  other 
cases  ;  I  do  not  see  why,  in  a  case  of  mere  corrupt  practices, 
the  senate  instituted  the  right  of  challenging  the  jurymen 
by  both  litigants,  and  whilst  employing  every  form  of  severity 
it  yet  chose  not  to  avail  itself  of  this  form,  i.e.  compelling  the 
case  to  be  tried  by  iudices  editicii. ' 
19  1.  lex  Licinia :  vide  Introd.  §  6  ;  passed  in  55  b.c.  in  the 
consulship  of  Pompey  and  Crassus,  directed  against  sodalicia, 
illegal  combinations,  clubs,  which  might  facilitate  bribery  or 
intimidation  at  elections.  It  was  more  severe  than  the  leges  de 
ambitu  in  (1)  its  penalties,  (2)  its  methods,  especially  the 
choosing  of  the  jury. 

4.  uUa  in  re  :  i.e.  in  ambitu. 

re  tribuaria :  any  matter  in  which  operations  are  carried 
on  trihutim,  here  the  organisation  of  electioneering  clubs ;  cf. 
Introd.  §  16. 

§37h  10.  quid?  'what?' 

11.  tandem,  'onlynow.' 

causa :  i.  e,  why  the  system  of  iudices  editicii  was  applied 
only  to  cases  of  sodalicia,  not  to  all  cases  of  supposed  bribery. 

12.  hesterno  die  :  the  trial  of  Plancius  occupied  two  days  ; 
on  the  tirst  day  Laterensis  opened  the  case  for  the  prosecution, 
and  Hortensius  replied ;  on  the  second  day  Cassius  Longinus, 
Hortensius'  subscriptor,  spoke  for  the  prosecution,  and  Cicero 
for  the  defence  ;  vide  Introd.  §  7. 

13.  Hortensio :  Quintus  Hortensius,  the  orator,  born  114 
B.C.,  was  thus  eight  years  Cicero's  senior.  He  began  his 
oratorical  career  at  eighteen,  when  he  delivered  his  first  speech 
in  the  Forum.  He  was  for  a  long  time  the  leading  counsel  of 
the  Roman  bar,  until  in  70  b.c,  Cicero  displaced  him,  having 
gained  a  signal  victory  over  him  in  the  case  of  Verres.  He 
was  still,  however,  till  his  death  in  50  b.c,  a  prominent 
advocate,  often  speaking  on  the  same  side  as  Cicero,  e.g. 
pro  Flacco,  pro  Milone,  pro  Murena  etc.  As  a  representative 
of  the  Asiatic  or  florid  style  of  oratory,  he  had  a  large  circle  of 
admirers  among  the  younger  men  at  Rome  ;  older  men,  how- 
ever,  preferred  the  plainer,  more  incisive  style  of  Cicero.     The 

NOTES  93 

latter's  criticism  of  him  is  given  in  Brut.  64.  228  rem  com- 
plectebatur  immoriter,  dividchat  acute,  nec  praetermittebat  ferre 
quicquam  quod  esset  in  causa  aut  ad  confirmandum  aut  ad 
repellendum.  vox  canora  et  suavis  ;  motus  et  gestus  etiam  plus 
artis  habebat  quam  erat  oratori  satis.  In  politics  he  was  a 
loyal  Optimate,  but  after  the  triumvirate  of  Poinpey,  Caesar, 
and  Crassus  in  60  b.c.  he  retired  from  politics  and  devoted 
himself  to  the  care  of  his  fish-ponds  (Pliny  H.  N.  9.  55, 
Macrob.  Sat.  2.  11,  Cic.  ad  Att.  1.  18.  19),  to  the  writing  of 
a  treatise  on  various  rhetorical  questions,  annales,  and  erotic 

tiun :  bracketed  by  Kbpke  and  others ;  all  the  MSS. 
give  it. 

14.  sensimus,  'we,  the  senators,  felt  .  .' 

15.  consensionem,  'thisunion,'  'combination,' cf.  Ferr. 
2.  5.  4  §  9. 

magis  honeste  quam  vere,  '  with  more  flattery  than  truth.' 
Cicero  seems  to  prefer  this  method  of  expression  to  using  the 
comparative  in  both  clauses. 

16.  sodalitas,  'guild,'  'association,'  '  brotherhood ' ;  these 
sodalitates  were  originally  formed  for  social  purposes  or  for 
the  maintenance  of  religious  rites,  and  in  some  ways  form  a 
close  parallel  to  our  masonic  lodges,  e.g.  sodales  did  not  usually 
go  to  law  with  each  other,  and  any  member  of  the  sodalitas 
who  was  in  pecuniary  difficulties  was  assisted  by  the  contribu- 
tions  of  his  colleagues  ;  cf.  Introd.  §  16,  Cic.  de  Sen.  §  45,  Verr. 
5  §9. 

quam  quisque  .  .  corrumperet :  several  editors  omit 
this  as  being  a  mere  repetition  ;  but  in  reality  it  represents  the 
fulness  of  expression  of  legal  and  official  language.  Trans. 
'what  we  senators  felt  then  was  this  :  in  whatever  tribe  a  man 
was  guilty  of  bribery  by  means  of  this  kind  of  combination, 
which  more  flatteringly  than  truthfully  is  called  a  "guild," 
the  members  of  that  tribe  which  he  was  said  to  have  won  over 
by  illegal  forms  of  munificence  would  be  the  most  likely  to 
know  all  about  him.' 

quam  .  .  tribum  :  the  antecedent  is  eius  tribus  below. 

18.  reo  ederentur,  'nominated  to  try  the  defendant,' 
i.e.  is. 

21.  sua  tribus,  '  one's  own  tribe '  from  the  point  of  view  of 
the  accused. 

XVI.  §  38  1.  24.  Teretinam  :  one  of  the  31  country  tribes 
in  which  were  included  the  people  of  Atina.     There  were  35 

-94  CICERCS  oration  for  plancius 

tribes  at  Rome  from  241  b.€.  onwards,  tlie  31  country  ones 
mentioned  above  and  4  town  ones  {Collina,  Esquilina, 
Palatina,  Suburrana). 

credo :  ironical,  '  I  suppose '  ;  Plancius  belonged  to  the 
Teretine  tribe  ;  Laterensis  ought,  according  to  the  spirit  of  the 
law,  to  have  nominated  this  tribe,  because  it  was  one  of  the 
tribes  Plancius  was  said  to  have  bribed  ;  cf.  infra  ad  sententiam 
legis,  Introd.  §  6. 

fuit  =fuisset :  the  indicative  expressing  the  case  vividly. 

26.  venditorem :  in  §  45  the  tribe  is  described  as  ven^Hs; 
Plancius  first  bought  over  the  whole  tribe  and  then  sold  their 
votes  to  Plotius,  cf.  §  54.  This  coitio  was  put  down  to  Plancius, 
vide  Introd.  §  3. 

29.  Voltiniam :   sc.    'I  snppose  y ou  nominated  .  . '     The 
Voltinian  tribe,  whose  position  in  Latium  is  uncertain,  sup- 
ported  Plancius  strongly. 
20       1.  quid  cum  :  sc.  est,  '  what  has  Plancius  to  do  with  .  .  ?' 

Lemonia  tribus :  so  named  from  the  district  Lemonium 
outside  the  Porta  Capena  ;  the  Ufentina  or  Oufentina,  from  the 
river  Ufens  near  Privernum,  was  founded  in  318  b.c,  Livy  9. 
20.  6.  The  territory  of  the  ClustuminM  trihus  lay  near  the  old 
Tuscan  town  Crustumerium,'  Livy  2.  19.  These  tribes  are 
frequently  mentioned  in  inscriptions,  e.g.  C.  Papirius  C.  F. 
Clu.  Carbo  =  Caius  Papirius  Carbo,  son  of  Caius,  of  the  Clustu- 
mine  tribe. 

2.  Maeciam :  the  Maecian  tribe  resided  near  the  Castrum 
Maecinm,  not  far  from  Lanuvium  ;  it  was  founded  in  332  b.c. 
It  was  almost  certain  that  Plancius  would  reject  the  Maecian 
tribe,  because  probably  Laterensis  belonged  to  it,  and  conse- 
quently  would  have  such  influence  in  it  that  to  Plancius  it 
would  seem  the  most  formidable  of  the  four  tribes  nominated. 

5.  ad  suam  spem  :  Laterensis  felt  confident  that  the  tribes 
he  nominated  would  condemn  Plancius. 

9.  quid  enim  potest  etc,  *for  he  can  bring  forward  no 
reason  which  could  invalidate  our  statement  that  this  nomi- 
nation  of  tribes  by  the  prosecutor  is  extremely  harsh,  if  we 
are  to  set  aside  the  motive  which  led  us  senators  when  we 
were  discussing  the  proposed  lex  Licioiia,' 

§  40  L  11.  tu  deligas,  *you'll  be  choosing,  I  suppose?' 
deligas  is  an  instance  of  t\iQ potential  use  of  the  Latin  subjunctive 
put  interrogatively.  For  the  simple  potential  cf.  Plautus  Gurc. 
632  quaeratis  clamudem  *  you'll  be  asking  for  my  cloak  next,' 

NOTES  95 

Cic.  Catil.  2%\%tu  agris  .  .  tu  argento  .  .  ornatus  sis  ei  dubites. 
aliquid  de  possessione  dctrahere  ;  vide  Madvig  §  350  (398). 
14.  notes,  'appoint.' 

17.  effundas,  *  shower  iipon  me '  the  names  of  the  jury.  For 
fundere  and  eompounds  used  of  '  producing  in  abundance  and 
spontaneously '  cf.  de  Or.  3  §  175  versus  fundere,  oracula  fundere. 

18.  ut :  consecutive ;  ante  .  .  quam  expresses  the  time, 
apud  eos  the  place  of  this  unfair  treatment. 

20.  quod  .  .  constitutum  est,  'a  privilege  which  the 
ruling  of  the  court  allowed  in  the  last  case  of  a  person  tried  on 
such  a  charge  as  this.'  This  person  was  P.  Vatinius,  who  was 
accused  under  the  lex  Licinia  in  August,  a  month  before  the 
trial  of  Plancius. 

21.  consilium  =  the  body  of  advisers,  not  oflGicially  em- 
panelled,  who  assisted  the  praetor  in  his  decisions. 

§  41  1.  22.  non  enim  .  .  acerba  est :  the  general  sense  is 
*  the  nomination  of  the  jury  by  the  prosecutor  is  a  hard  measure 
from  any  point  of  view.'  Trans.  'for  it  does  not  follow  that 
because  Plancius  has  so  ordered  his  life  as  to  have  never  know- 
ingly  offended  any  one,  or  because  you  have  quite  unwittingly 
appointed  such  men  as  jury  that,  though  you  would  wish  it 
otherwise,  we  appear  before  genuine  jurymen  not  mere  execu- 
tioners — that  therefore  this  system  of  selection  is  not  a  hardship 
to  the  defendant.' 

For  non  enim  si  .  .  idcirco  in  sense  of  '  it  does  not  follow ' 
etc.  vide  §  8  note. 

23.  aut  tu  ita  errasti :  before  tu  supply  si. 
ut  ederes  :  consecutive  after  errasti. 

24.  ut  veniremus  :  consecutive  after  ederes. 

25.  carnifices  ^•«the  jurymen,  who  might  have  been  in^x- 
orabiles,  inhumani,  crudeles. 

XVII.  1.  27.  an  vero  .  .  cives  .  .  nos  .  .  ?  '  or  shall  it  be 
said  that  .  .  (others  did  so)  .  .  whilst  he  .  .  ? '  An  interrogative 
sentence  introduced  by  an  or  a7i  vero,  followed  by  another 
clause  co-ordinated  asyndetically,  is  often  used  to  mark  the 
antithesis,  the  difference  between  two  propositions.  This 
constitutes  an  argumentum  ex  contrario,  which  makes  use  of 
exemplum  a  minore,  and  is  an  enthymeme  Kar  i^oxn^- 

clarissimi  .  .  non  tulerunt :  the  text  of  the  scholia  in  the 
explanation  of  this  passage  breaks  olf  at  Ser ;  this  probably 
should  be  Servius,  i.e.  Servius  Sulpicius,  who  in  63  b.c,  accord- 
ing  to  Cic.  jrro  Mur.  23  §  46,  proposed  a  system  of  iudices 


editicii  by  which  125  knights  and  trihuni  aerarii  were  to  be 
appointed  as  jurors  by  the  accuser ;  of  these  the  accused  might 
reject  75,  This  jury  of  50  was  to  be  increased  by  the  addition 
of  25  senators,  the  method  of  whose  election  is  unknown. 

29,  referre,  '  register '  ;  sc.  in  iudicum  alhum. 

21       §42.  1.  5.  doceo,  'show,'  'demonstrate,'  'prove.' 

illud  acerbum  iudicium,  '  that  harsh  method  of  conduct- 
ing  the  case,'  governed  by  fecisses,  and  to  be  supplied  with 

6.  senatus  .  .  populusque :  with  regard  to  the  order  of 
the  words  Moramsen  Staatsrecht  iii.  p.  1255  states  that  under 
the  Republic,  when  decree  of  the  people  and  decree  of  the  senate 
stood  side  by  side,  the  former  usually  is  placed  first ;  a  reversal 
of  this  order,  as  here,  is  caused  by  considerations  of  the 
temporal  sequence  ;  cf.  CIL.  vi.  1319  senatus  consulto  j)opulique 
iussu.  Similarly  Augustus  in  the  Monumentum  Ancyranum 
(3.  1)  anticipates  the  election  of  his  son  by  senate  and  people, 
because  the  senate  first  gave  the  order  and  the  people  then 
made  their  choice. 

7.  observatas,  '  canvassed  '=quas  ohservantia  Plancius  cole- 
hat  et  amicos  retinebat ;  cf.  §§  39,  45.  observare  is  frequently 
joined  with  colere,  and  sometimes  has  the  sense  of  respecting, 
revering  ;  cf.  ad  Fam.  9.  20  qui  me  quidem  perofficiose  et  per- 
amanter  observant. 

10.  neque  nunc  multo  secus  existimo :  i.e.  '  since  you 
have  been  unable  to  prove  bribery,  I  think  the  result  will 
be  much  the  same,  i.e,  that  my  client  will  be  acquitted' 

11.  ignotis  :  unknown  to  Plancius,  and  also  ignorant  of  the 
charge  brought  against  him  ;  cf.  in  tenehris  infra. 

14.  Voltinia  .  .  iudices  :  supposed  to  be  spoken  by  Later- 
ensis  to  explain  why  he  had  not  nominated  these  tribes  as  those 
from  which  the  jury  might  be  chosen. 

16,  immo  vero  :  a  stronger  form  of  immo=^na.j,  rather,' 
ixh  oSv.  It  has  recently  been  suggested  that  immo  was  origin- 
ally  a  verb,  compounded  from  in  and  mo,  *inimo  (cf.  adimo, 
dirimo)  =  immo,  with  the  meaning  'I  take  upon  myself,'  'I 

17.  tacitum :  nullum  tacitum  testem  haberet  Laterensis  si 
trihus  illas  edidisset ;  quia  nullus  esset  qui  de  Plancii  innocentia 
non  diceret  testimonium  Delph. 

NOTES  97 

18.  excitares,  'summon  to  give  evidence';  raore  commonly 
simply  citare,  but  cf.  pro  Rab.  Post.  §  48. 

20.  suam :  sc.  Teretinam. 

quaesitor :  a  judge  or  president  for  the  tirae  being  of  a 
standing  commission,  quacstlo  perpetua.  From  the  time  of 
Sulla  (81  B.c.)  to  that  of  Caesar  there  were  eight  praetors  who 
presided  over  the  proceedings  in  the  different  courts  during 
their  year  of  ofiice.  The  question  as  to  which  court  each  was 
to  preside  over  was  decided  by  lot.  If,  as  frequently  hap- 
pened,  eight  courts  were  not  sufficient  for  the  transaction  of  all 
the  cases,  a  suppleraentary  quaesitor  might  be  appointed  to 
preside  over  an  extra  tribunal.     Cf.  Introd.  §  5. 

25.  sine  uUa  cupiditatis  suspicione,  'without  any  sus- 
picion  of  party-spirit,  party-interest '  ;  cf.  Verr.  11.  2  §  12  qiiae- 
stores  vehementer  istius  cupidi. 

27.  iudices  :  as  jurymen,  members  of  the  panel  which  was 
called  consilium. 

XYIII.  §  44  1.  29.  consilium,  'motive'  ;  but  Cicero  seems 
here  to  be  playing  on  the  double  sense  of  the  word.  consilium 
*jury,*  vide  preceding  note,  and  consilium  'motive,'  'in- 
22  2.  tum :  i.e.  if  you  had  nominated  those  tribes  who  were 
best  acquainted  with  Plancius  and  his  case.  illorum  are  the 
members  of  those  tribes. 

3.  sequestrem,  'agent,'  'depositary,'  who  received  money 
for  distribution  as  bribes  ;  vide  §  38  and  Introd.  §  16. 

respuerent  aures  :  a  strong  mixed  raetaphor  which  Cicero 
uses  three  tiraes  elsewhere.  Note  the  antitheses — respuerent 
aures  )(  audirent ;  nemo  agnoscerent  )(  nos  non  timide  confi- 

4.  gratiosum,  '  influential '  ;  used  of  social  influence. 

7.  suffragatio :  properly  'voting  for,'  then  'support,'  'in- 
terest,'  'favour.' 

§  45  1.  10.  noster  :  i.e.  the  senatorial  order, 
nostra  modica  liberalitate,  'a  reasonable  display  of  gener- 
osity  on  our  side,'  Cicero  identifying  himself  with  the  average 
candidate  for  office.  modica  is  serai-predicative.  The  Latins 
do  not  as  a  rule  use  meus,  tuus,  noster  etc.  with  a  substantive 
qualified  by  a  mere  epithetic  adjective  ;  e.g.  noster  honus  amicus 
is  not  found,  although  such  expressions  as  mca  carissima  filia 
are,  the  reason  being  that  the  superlative  conveys  more  tban 
the  simple  adjective,  and  is  not  a  mere  epithet. 


12.  conflcere  suam  tribum,  '  to  gain  tlie  votes  of  their 
tribe '  for  their  friends. 

14.  plena  offlcii  etc,  'for  this  is  nothing  more  than 
courtesy,  attention,  and  a  custom  of  the  good  old  times.' 

18.  decuriatio  etc. :  vide  Introd.  §  16.  These  sections,  44-45, 
contaiu  one  of  the  strongest  points  in  Cicero's  defence.  Later- 
ensis  had  undoubtedly  not  acted  in  accordance  with  the  spirit 
of  the  law  in  bringing  under  the  leges  de  sodaliciis  a  case  which 
could  only  in  reality  belong  to  those  de  ambitu,  and  not  nomi- 
nating  for  the  jury  the  tribes  which  Plancius  was  supposed  to 
have  corrupted. 

23.  tum  mirabor  :  i.  e.  if  you  prove  these  points. 

armis :  i.  e.  the  iudices  chosen  from  the  tribes  which  were 
said  to  have  been  bribed  by  Plancius. 

25.  non  modo  =  non  modo  non,  because  the  verb  of  the 
second  clause  is  the  common  predicate  of  both  clauses,  de  Off. 
3.  19.  77  talis  vir  non  modo  facere  sed  ne  cogitare  quidem 
quidquam  audebit. 

illorum  :  i.e.  trihulium  iudicum. 

ista  :  decuriasse,  conscripsisse  etc.  Plancium. 

§  46  1.  27.  rationem :  in  an  objective  sense,  method  of 
conducting  oneself,  principle. 

29.  hos  :  i.e.  jnrymen  chosen  from  tribes  who  know  nothing 
of  Plancius. 

30.  abs  te  :  Lewis  and  Short  state  that  this  preposition  has 
in  Latin  the  foUowing  forms,  ap,  af,  ah  {av),  au-,  d,  a  ;  aps,  ahs, 
as-.  The  oldest  form  is  ap,  which  was  often  reduced  to  d,  d  ;  it 
was  also  strengthened  by  the  addition  of  -s  (cf.  ex,  mox,  vix). 
From  the  first  this  strengthened  form  aps  was  used  only  before 
the  letters  c,  q,  t,  and  was  very  soon  changed  into  ahs  (as  ap 
into  ah) :  ahs  chorago  Plaut.  Pers.  1.  3.  79,  ahscondo,  ahsque, 
ahstineo.  The  use  of  ahs  was  confined  almost  exclusively  to  the 
combination  ahs  te  during  the  whole  ante-classic  period,  and 
with  Cicero  till  about  54  b.c.  After  that  time  Cicero  evidently 
hesitates  between  ahs  te  and  a  te,  but  during  the  last  five  or  six 
years  of  his  life  a  te  became  predominant  in  all  his  writings, 
even  in  his  letters.  It  was  in  September  54  that  Cicero  revised 
and  copied  out  his  pro  Plancio,  ad  Q.  Fr.  3.  1  orationes 
efflagitatas  pro  Scauro  et  pro  Plan^io  ahsolvi. 

23       XIX.  4.  cupidos  sui,  'many  supporters  who  were  men  of 
social  influence.'    . 

NOTES  99 

6.  sodales,  '  members  of  an  electioneering  club '  ;  vide 
Introd.  §  16. 

7.  quod  tua  dignitas  postularit :  i.e.  your  appointment 
as  aedile. 

§  47  1.  10.  in  operas :  employments  connected  with  the 
societates,  or  joint-stock  companies  of  tax-farmers,  of  which 
Plancius  the  elder  was  a  leading  spirit ;  cf.  Introd.  §  13. 

13.  comprehenderit,  '  secured  the  allegiance  of,'  'laid 
under  an  obligation  to  himself.' 

18.  haesitantem,  'making  no  progress  with,'  'at  a 

19.  communem  ambitus  causam,  'the  general  charge 
of  bribery.'  Laterensis'  charge  of  the  special  crime  of  soda- 
licia  having  failed,  he  resorts  to  a  general  charge  of  ambitus,  of 
which  in  reality  sodalicia  formed  a  special  kind. 

20.  aliquando,  'as  it  is  high  time  we  did'  ;  cf.  §§  17,  33, 

si  videtur,  'if  you  have  no  objection,'  *if  you  please.' 

§  48  1.  26.  vera  contentio,  '  a  fair  comparison  '  ;  for  verus 
in  the  sense  *  right,'  'just,'  'reasonable,'  'fair,'  especially  in 
the  phrase  verum  est  =  aequum  est,  cf.  Hor.  Up.  1.  7.  98  metiri  se 
quemque  suo  modulo  ac  pede  verum  est. 

27.  pedem  conferre,  ut  aiunt :  as  ut  aiunt  shows,  the 
phrase  pedem  conferre  is  used  in  a  transferred  seuse,  the 
metaphor  being  from  a  battle  ;  cf.  Livy  6.  12.  13,  28.  2  etc. 
The  proper  meaning  is  '  to  come  to  close  quarters.' 

29.  insto  atque  urgeo,  '  press  persistently,'  a  very  fre- 
quent  combination  ;  often  without  the  atque,  e.g.  Plaut.  Merc. 
725  non  possum  ita  instas  urges  quasi  pro  noxio.  Cf.  note 

posco  {*pork-sJco,  *prk-sko,   cf.  Skt.  prchdmi)  =  to  demand 


in  general,  or  unreasonably.  deposcere,  to  demand  pressingly  ; 
postulare  (diminutive  form  of  posco)  is  weaker,  to  desire,  claim 
if  circumstances  permit,  incipit,  postulare,  poscere,  minari ; 
also  of  legal  claims,  e.g.  de  repetundis  postulare.  flagitare 
(cf.  fiagrare,  (ppiyeiv,  (piX^yeiv,  flamma,  flagitium),  to  demand 
passionately  or  violently. 

•24  1.  quam  tulerit :  ferre  trihum= '  to  gain  the  votes  of  a 
tribe '  ;  for  ferre  cf.  ferre  fructus,  victoriam  primas,  suffragia, 
punctum  (Hor.  A.  F.  343). 

4.  si  iam,  '  supposing  that. ' 


6.  rationem  redditurum,  'render  an  account  of,'  a 
inetaphor  from  book-keeping. 

XX.  §  49  1.  8.  comitiis  superioribus :  i.  e.  the  elections, 
which  in  the  consulship  of  Cn.  Pompeius  and  Crassus  (55  b.c.) 
were  postponed  owing  to  disturbances  ;  cf.  Introd.  §  2. 

10.  consul :  M.  Lic.  Crassus,  who,  as  promoter  of  this  very 
lex  Licinia  de  sodaliciis,  would  be  least  likely  to  pass  over  any 
breach  of  his  own  law. 

11.  harum  leg\im  =  huiiis  legiSy  i.e.  Liciniae  ;  cf.  Verr.  1 
§  109  leges  Atiniae  Furiae,  ad  Att.  2.  18  luliae. 

14.  comparandi :  here  used  absolutely,  *for  making  pre- 

15.  diribitae  tabellae,  'the  votes  were  sorted.'  tabellae  is 
not  in  the  MSS.  but  is  a  conjecture  of  Wunder's.  The  ordinary 
procedure  at  a  Roman  election  is  thus  described  : — The  tribes 
were  summoned  one  by  one  {vocatae)  along  the  pontes  into  the 
saepta,  or  enclosures,  booths.  Eaeh  voter,  being  provided  with 
a  tablet  (tahella),  wrote  the  name  of  his  candidate  on  it.  The 
tablets  were  sorted  (diribitae),  the  result  announced  (renuntiare) 
by  a  herald  (praeco),  and  afterwards  by  the  presiding  magistrate. 

17.  ain'  tandem?  'indeed?'  *what?'  for  ain  =  aisne  cf. 
satin=satisn^,  audin  =  audisn^. 

praerogativa,  '  the  century  first  called  upon  to  vote ' ;  this 
precedence  was  decided  by  lot,  and  the  vote  of  the  centuria  or 
trihus  praerogativa  usually  decided  the  election,  as  from  super- 
stitious  motives  its  example  was  followed  usually  by  a  majority 
of  the  other  centuries  or  tribes,  cf.  de  Div.  1.  45  praerogativam 
maiores  omen  iustorum  comitiorum  esse  voluerunt.  Cf.  Livy 
24.  7,  27.  6,  5.  18,  10.  22,  26.  22. 

19.  renuntiatus :  the  proper  spelling,  not  renunciatus ; 
nuntius  =  *nou7itius  =  *noventius,  possibly  from  an  obsolete  verb 
novere,  to  make  new. 

consul  prior,  'the  first  of  the  two  consuls, '  'the  senior 
consul,'  i.e.  the  one  who  obtained  the  greater  number  of  votes, 
cf.  adPis.  %  2  me  .  .  aedilem  priorem,  praetorem  pri^num  populus 
Bomanus  faciebat,  pro  Mur.  §  35  in  praeturae  petiiione  prior 
renuntiatus  est  Servius. 

20.  in  illum  annum :  the  current  year.  Th.  Mommsen 
Staatsrecht  iii.  398  note  1  suggests  in  alium  annum,  which  is  very 
plausible.  Most  MSS.  resid  prior  before  eam,  in  which  case  we 
must  translate  'no  one  has  as  the  first  (of  the  two  candidates) 
gained '  all  the  votes  of  the  centuries  without  being  appointed 

NOTES  101 

consul.  Tlie  argument  is  tliis  :  if  the  vote  of  the  comitia 
prae7'ogativa  has  so  nmch  iniportance  in  the  election  of  consuls, 
it  is  sniall  wonder  that  Plancius  gained  immense  assistance 
from  it  in  liis  election  as  curule  aedile,  when  the  whole  comitia 
voted  for  him. 

23.  praerogativa,  '  were  a  favourable  omen  of  his  victory '  ; 
cf.  ad  Fam.  15.  5.  2  quod  si  triumphi  praerogativam  putas 
supplicationem,  Livy  3.  51.  8.  praerogativa  is  probably  here 
a  substantive.  The  comitia  referred  to  are  those  begun  in  55 
B.c,  but  adjourned  probably  because  of  an  ohnuntiatio  ex  lege 
Aelia  et  Fufia,  or  owing  to  a  case  of  morbus  comitialis,  epilepsy  ; 
cf.  Introd.  §  2. 
25       §  50  1.  6.  si  tibi  gravitas  etc. :  spoken  with  a  touch  of  irony. 

8.  desiderare  :  properly  'to  miss,'  '  feel  the  want  of,'  cf. 

Gk.    TTodeLV. 

10.  secundo  :  sc.  loco,  which  Cicero  usually  adds ;  cf. 
Goerenz  on  Cic.  de  Legg.  1.  13.  54. 

12.  denique  introduces  a  general  statement  to  conclude 
Cicero's  series  of  maxims,  = '  specially. ' 

13.  testimonium,   '  token  of  their  esteem. ' 
ambitioni,    '  in  return  for  canvassing.' 

XXI.  §  51  1.  16.  illud :  properly  speakiug  superfluous,  but 
inserted  to  improve  the  sense-rhythm. 

17.  quereUa  dolorque :  hendiadys, 'despondentcomplaints, 
cf.  §  76  lacrimas  et  fletum  'bitter  tears,'  §  93  memoria  et  gratia 
'grateful  remembrance,'  §  97  preces  et  vota  'earnest  prayers.' 

illis  sapientissimis  viris :  i.  e.  your  father  and  your 

18.  App.  ClaudiusPulcer:  sonofCaiusCl.  Pulcer.  During 
liis  father's  life  he  failed  to  obtain  the  aedileship.  Elected, 
however,  at  a  later  date,  he  celebrated  the  Megalesia  with  great 
splendour,  and  allowed  no  slaves  to  take  part  in  them  (Cic. 
de  har.  resp.  §  26).  During  the  Marian  troubles  he  attached 
himself  to  the  Optimate  party  and  was  banished.  Consul  in 
79  B.c,  he  was  afterwards  governor  of  Macedonia,  in  which 
province  he  died. 

19.  patre  :  this  has  been  corrected  by  some  editors  tofratre. 

20.  civi :  ablative,  but  six  lines  below  cive.  Cicero  most 
frequently  uses  civi,  cf.  classi,  cuti,  avi,  canali,  igni,  hili,  imhri, 
angui,  orhi. 

23.  L.   Volcatius    TuUus :    consul    in   QQ    b.c    with    M. 


Aemilius  Lepidus,  supported  Cicero  in  his  treatment  of  the 
Catilinarian  conspirators  ;  cf.  Catil.  1  §  15. 

Pisonem  :  vide  note  on  §  12. 

ista :  cf.  supra  ista,  said  contemptuously. 
26  2.  Publius  Cornelius  Scipio  Nasica  Serapio :  consul  in 
138  B.c.  with  D.  Junius  Brutus,  was  instrumental  in  causing 
the  murder  of  Tiberius  Gracchus,  and  it  is  on  this  account  that 
Cicero  says  he  knew  neminem  fortiorem.  Cicero  describes  him 
in  B7'ut.  §  108,  de  Off.  1  §  109  as  omnibus  in  rebus  vehemens  and 
acer  in  dicendo,  also  nullam  comitatem  hdbuisse  in  dicendo. 
After  Gracchus'  death  he  was  nominally  banished  by  the  senate 
to  Pergamum  {pro  Fl.  §  75),  in  the  neighbourhood  of  which 
town  he  died.  His  nickname  Serapio  was  given  him  because 
of  his  likeness  to  an  Egyptian  grazier  of  that  name  (Livy 
Ep.  55). 

4.  C.  Marius  :  vide  §  20  note. 

duabus  aedilitatibus  :  a  rather  strange  extension  of  the 
abl.  of  manner,  denoting  the  direction  or  respect  in  which  the 
predicate  is  applied. 

5.  L.  Caesaris :  i.  e.  L.  Julius  Caesar  Strabo,  consul  in  90 
B.c.  with  Rutilius  Lupus  ;  censor  with  Licinius  Crassus  in  89 
B.c.  {pro  Arch.  §  11)  ;  put  to  death  by  Cinna  and  Fimbria  after 
the  outbreak  of  the  civil  war  in  87  b.c.  {de  Or.  3  §  10). 

6.  Cn.  Octavius:  Cn.  f.  Cn.,  consul  in  87  b.c.  with  L. 
Cornelius  Cinna.  After  Sulla's  departure  to  take  the  command 
against  Mithradates,  Octavius  was  the  leading  representative 
of  the  Optimate  party  in  their  struggle  against  Marius  and 
Cinna ;  by  his  etforts  Cinna  was  temporarily  banished  ;  he 
soon,  however,  returned  accompanied  by  Marius  and  his  army 
in  such  force  that  Octavius  saw  resistance  to  be  useless  ;  un- 
willing  to  leave  Rome,  although  he  knew  that  death  awaited 
him,  he  proceeded  in  state,  surrounded  by  his  friends,  to  the 
Janiculum  ;  here  Cinna  and  his  soldiers  threw  him  from  his 
curule  chair,  cut  off  his  head,  and  set  it  up  on  the  rostra  ;  cf. 
Tusc.  5  §  55,  Livy  Ep.  80,  Valer.  Max.  1.  6.  10  for  an  account 
of  this  hellum  Octavianum  and  the  massacres  which  took  place 
in  it. 

M.  Tullius  :  if,  as  is  probable,  Cicero  is  quoting  his  instances 
in  chronological  order,  the  person  meant  is  M.  Tullius  Becula, 
consul  in  81  b.c.  (cf.  de  leg.  agr.  11  §  35). 

§52  1.  9.  benigne :  i.e.  because  they  would  be  saved  the 
expenses  entailed  by  the  aedileship,  especially  the  public  games 
{munera),  cf.  §  13. 

NOTES  103 

10.  L.  Philippus,  as  tribune  of  the  plebs  (103  b.o.)  and 
consul  (93  B.c),  showed  himself  a  vigorous  Optimate  and  an 
opponeut  of  Saturninus  (100  B.c.)  and  M.  Livius  Drusus  (91  b.c.) 
in  his  attempt  at  reform.  He  subsequently  became  an  adherent 
of  the  Sullan  party.  As  an  orator  he  was  very  distinguished 
and  is  spoken  of  by  Cicero  in  the  highest  terms  {Brut.  §§  103, 
106,  de  Or.  3  §  4  etc.)  For  an  anecdote  about  him  and  a 
praeco  Volteius  Menas  vide  Hor.  Ep.  1.  7.  46  strenuus  et  fortis 
causisque  Philippus  agendis  clarus  etc. 

11.  C.  Caelius  :  the  MSS.  read  Q.  ;  this  editors  have 
altered  to  C,  and  applied  the  reference  to  C.  Caelius  Caldus, 
consul  in  94  b.c.  and  author  of  the  lex  tabellaria ;  but,  as 
Mommsen  Staatsrecht  i.  542  note  2  shows,  his  name  was 
Coelius,  not  Caelius  ;  it  seems  more  probable  therefore  that  we 
should  read  Q.  Aelius,  i.e.  Q.  Aelius  Paetus,  consul  in  217  b.c. 
Cases  of  the  omission  of  the  quaestorship  in  a  political  career 
are  few,  but  cf.  that  of  the  elder  Africanus,  CIL.  1.  280. 

12.  P.  Rutilius  Rufus  :  consul  in  105  b.c.  with  Cn.  Mallius 
Maximus.  In  99  b.o.  he  accompanied  L.  Mucius  Scaevola  ^ow^. 
as  legatus  to  Asia,  where  he  protected  the  provincials  against 
the  oppression  of  the  puhlicani ;  the  equites  consequently  on 
his  return  to  Rome  brought  a  false  charge  of  embezzlement 
{repetundae)  against  him,  in  consequence  of  which  he  retired  as 
an  exile  to  Mytilene,  and  afterwards  to  Smyrna,  where  he  spent 
the  rest  of  his  life  in  literary  pursuits,  especially  the  composition 
of  a  history  of  Rome  in  Greek  ;  cf.  pro  Rab.  Post.  §  27,  pro  Balh. 
§  28,  Brut.  §§  85,  113. 

C.  Fimbria  :  vide  note  on  §  12. 

13.  C.  Cassius  Longinus :  consul  96  b.c.  with  Dem. 

Cn.  Aufidius  Orestes :  consul  in  71  b.o.  ;  praetor  urhanus 
in  the  year  of  Sulla's  death,  78  b.c. 

18.  cursum  tenendum :  a  nautical  metaphor  for  others, 
vide  note  on  §  11  and  cf.  §  94. 

20.  detractum  dico?  an  instance  of  the  rhetorical  figure 
correctio  or  Trpo8i6pdu)(ns,  closely  allied  to  the  traiectio  in  aliud 
with  which  Cicero  says  {de  Or.  3  §  204)  aliquid  a  te  ipse  reicias. 
The  figure  is  often  strengthened  by  immo  vero,  e.g.  Catil.  1  §  2 
hic  hene  vivit.  vivit  ?  immo  vero  etiam  in  senatum  venit ;  cf.  pro 
Sest.  §  110,  ad  Att.  9.  7. 

22.  signiflcatum,  'indicates  your  worth,'  i.e.  the  people 
wished  to  reserve  him  for  some  greater  ofiice. 


XXII.  23.  magntim  quendam,  *  a  very  considerable  sensa- 
tion.'  quidam  with  an  adjective  often  := '  quite, ' '  very,' '  greatly,' 
cf.  Gk.  5?^  Tis :  it  is  almost  equal  to  a  superlative  ;  cf.  de  Or. 
1  §  91  innumerabiles  quosdam  nominabat,  Tusc.  2  §  11  te  Natura 
excelsujn  qioerndam  .   .  genuit. 

motum  petitionis  =  animorum  motus  qui  ex  petitione  ortus 
est  Kopke. 

24.  ne  aliquid  iurares  :  the  allusion  is  to  the  event  narrated 
in  Suetonius  Caes.  20  ;  in  59  B.c,  during  his  consulship,  Julius 
Caesar  brought  forward  his  lex  lulia  agraria  de  xxviris  creandis 
ad  campum  Stellatem  agrumque  Camjmnum  civibus  dividendum, 
quibus  terni  pluresne  liberi  essent.  The  candidates  for  the 
tribunate  for  the  ensuing  year  were  pressed  to  swear  to  support 
the  law.  Plancius,  however,  refused  to  take  this  oath,  and 
retired  froni  his  candidature,  thus  incurring  considerable  odium, 
which  Cicero  implies  had  done  harm  to  his  recent  canvass  for 
the  aedileship. 

25.  de  summa  re  publica,  '  about  the  most  important 
interests  of  the  state,'  cf.  Catil.  1  §  14. 

§53  1.  28.  quam  ob  rem :  i.e.  quia  apertius  denuntiasti. 
in  disseiitiente  populo  =  in  dissensione  populi. 

30,  nunc  =  cum  inx^autus  fueris  Kopke. 

loco  demovere :  a  metaphor  from  wrestling,  '  to  dislodge 
you  from  your  position.'  Similarly  de  Off.  1  §  80  rfe  gradu  deici; 
de  statu  suo  cleici,  depelli ;  vide  Meissner  Latin  Phrase-book 
E.T.  p.  152. 
27  3.  an  te  illa  ar^menta  duxerunt?  'or  possibly  the 
following  arguments  have  induced  you '  to  believe  that  a  com- 
bination  {coitio)  took  place ;  before  an  suj^ply  some  such 
question  as  '  have  my  previous  arguments  induced  you  ?  or  .  .  ' 
illa= '  which  foUow.' 

dubitatis  etc.  :  spoken  by  Laterensis  to  the  jury,  *  can  you 
for  a  moment  doubt  that  there  has  been  coitio?  why,  it  w^as 
in  combination  with  Plotius  that  Plancius  carried  the  votes  of 
a  majority  of  tribes.'  The  emphasis  is  on  cum  Plotio,  as  is 
shown  by  the  answer  un/i.  Laterensis'  first  argument  is  this : 
the  tribes  who  voted  for  Plancius  voted  for  Plotius,  and  vice 
versa ;  there  must  have  been  an  agreement  between  the  two 
candidates,  otherwise  there  could  not  have  been  such  perfect 
agreement  in  the  voting  ;  and  as  a  matter  of  fact,  although 
Plancius  had  been  certain  of  the  votes  of  10  tribes,  he  would 
not  have  necessarily  been  elected,  nor  would  Plotius  in  like 
case.   But  as  in  the  comitia  aedilicia  two  names  could  be  voted  on, 

NOTES  106 

Plancius  by  liis  coalition  obtained  tlie  votes  of  20  tribes,  and 
thus  both  were  elected.  To  this  not  very  cogent  argument  Cicero 
gives  a  deliborately  obscure  and  hardly  serious  answer,  '  could 
they  have  been  elected  together  if  they  had  not  together  got 
the  votes  of  the  tribes?'  cf.  Bonino^ro  Planeio  p.  51. 

6.  atnonnullas:  Laterensis' second  argument.  at  =  atenim, 
Gk.  dXXa  V7]  Aia,  '  oh,  but  I  shall  be  told '  ;  the  rhetorical 
figure  known  as  Trp6\r]\f/Ls  or  occupatio,  the  anticipation  of  an 
adversary's  argnment.  Had  Laterensis  been  able  to  show  that 
in  almost  all  of  the  tablets  of  one  tribe  the  names  of  Plancius 
and  Plotius  appeared  side  by  side,  he  would  have  had  a  proof 
of  some  weight ;  bnt  as  inspection  of  the  tablets  was  not  allowed, 
he  has  to  limit  himself  to  arguing  that  such  a  coalition  must 
have  taken  place,  because  in  some  tribes  Plancius  and  Plotius 
appeared  to  have  got  about  the  same  number  of  votes.  This, 
however,  might  have  chanced  to  happen  without  any  coUusion 
on  the  part  of  the  candidates.  Cicero  replies  to  this  that  the 
time-honoured  principle  of  deciding  by  lot  in  election  to  the 
aedileship  implies  that  the  possibility  of  candidates  being  equal 
was  contemplated.  This  is  not  really  an  answer  to  Laterensis' 
argument,  but  is  intentionally  obscure.  Laterensis  laid  stress, 
not  on  the  mere  majority,  but  on  the  consideration  that  the 
majority  was  made  up  by  the  same  tribes.  This  sortitio 
aedilicia  was  resorted  to  if  there  were  several  candidates,  and 
more  than  two,  or  two  provided  they  were  not  at  the  head  of 
the  poll,  obtained  an  equal  number  of  votes  ;  cf.  the  lex 
Malacitana  §  56  (a  body  of  enactments  for  the  local  manage- 
ment  of  the  colony  Malaca,  now  Malaga,  in  Spain)  is  qui  ea 
comitia  hahehit  .  .  si  duo  pluresve  totidem  suffragia  hahehunt  et 
eiiusdem  condicionis  erunt,  nomina  eorum  in  sortem  coicito  et  uti 
cuiiusque  nomen  sorti  ductum  erit  ita  eum  priorem  alis 
renuntiato ;  cf.  Mommsen  Rom.  Staatsr.  iii.  p.  413. 

8.  venissent :  i.e.  to  the  second  election. 

§  54  1.  11.  et  ais  etc.  :  Laterensis'  third  argument,  'andyou 
go  on  to  say  that  at  the  first  election  Plotius  and  Pedius  handed 
over  to  you  the  Aniensian  tribe  to  which  they  belonged,  whilst 
Plancius  handed  over  the  Teretine  ;  but  that  now  both  Plotins 
and  Plancius  ruthlessly  withdrew  those  tribes  in  order  that 
they  might  not  get  into  difficulties  (by  surrendering  to  a  rival 
votes  which  they  needed  themselves).  Bnt  it  is  absolutely 
inconsistent  that  these  gentlemen  (at  the  first  election),  bffore 
they  knew  wliat  the  wishes  of  the  populace  were,  should  have 
been  as  you  allege  even  then  in  coalition,  and  should  have 


deliberately  sacrificed  their  own  tribes  in  order  to  assist  you 
and  your  party.' 

14.  in  angustum  :  an  ambiguous  expression  of  Laterensis', 
which  Cicero  ridicules  below,  angustias,  restrictos. 

quam  convenit :  ironical,  cf.  de  Or.  2  §  180  vide  quam  sim 
deus  in  isto  genere. 

16.  iactura:  deliberate  sacrifice ;  properly  'a  throwing 
overboard,'  vide  note  on  §  6. 

17.  eosdem  etc,  'whilst  these  same  gentlemen,  when  they 
now  knevv  (from  the  first  election)  how  strong  they  were, 
should  have  shown  themselves  so  sparing  and  niggardly.' 

20.  sed  tamen :  sed  breaks  off,  ahd  returns  to  the  line  of 
argument  beguu  in  et  ais.  tamen  explains,  'although  you 
brought  Plotius  under  the  same  charge,  yet  it  was  Plancius 
whom  you  brought  to  trial,  who  had  not  asked  you  to  drop  the 
charge  (as  probably  Plotius  had). ' 

21.  eum  =  Plancius. 

22.  adripere  =  in  ius  rapere  *  to  bring  to  trial,  but  without 
sufiicient  reason.' 

23.  testes :  i.e.  witnesses  who  stated  that  their  tribe,  the 
Voltinian,  had  been  bribed  by  Plancius. 

25.  acceperint :  i.e.  from  Plancius.  Laterensis  maintains 
that  the  majority  in  the  Voltiuian  tribe  had  not  voted  for  him. 
The  testimony,  therefore,  of  this  tribe  is  most  valuable  ;  for  the 
fact  that  they  did  not  vote  for  him  shows  that  he  had  not 
bribed  them.  Cicero,  however,  points  out  that  their  evidence 
is  worthless,  for  the  majority  voted  for  Plancius,  either  because 
they  were  bribed  by  him,  or  because  they  wished  unasked  to 
support  him,  in  which  case  it  is  not  likely  they  will  give 
evidence  against  their  favourite  uuless  bribed  by  his  rival 
Laterensis  to  do  so. 
28  XXIII.  §55  1.  2.  caluit :  calere  =  multis  sermonihus  pervul- 
gatum  esse  '  was  a  burning  topic  of  conversation. ' 

in  causa  refrixit,  '  now  in  the  trial  all  interest  in  it  has 
cooled  down '  ;  cf.  Q.  Fr.  3.  2.  3  Scaurus  refrixerat  '  no  more 
interest  was  shown  in  Sc' 

4.  eductus,  'brought  before  theconsuls,' the  legal  technical 

6.  iactatum,  '  ill-treated,'  lit.  jostled  ;  cf.  §  17  iactor  in  ticrba. 

9.  praeiudicii,  '  record  of  a  previous  sentence,'  not  =  Eng. 
'prejudice,'  which  is  opinio  praeiudicata. 

NOTES  107 

10.  haec  habes,  *these  are  not  the  pleas  you  make  use  of,' 
*  this  is  not  your  view  of  the  conduct  of  the  case. '  hahes  is  here 
used  loosely,  as  Kopke  shows  ;  it  is  to  a  certain  extent  parallel 
to  in  causa  habere  (cf.  Rosc.  Am.  %  91  haheret  in  causa)  = '  to 
have  on  one's  side,'  e.g.  argumenta,  but  there  is  no  doubt  that 
in  some  vvay  it  picks  up  the  preceding  habebas  'consider.' 
Other  editors  take  it  as  simply  =  sarg,  which  spoils  the  sense  of 

13.  fautores :  sc.  stmt=favent;  words  in  -tor  and  -trix 
always  denote  those  who  do  something  habitually  or  for  some 
permanent  object.  Thus  of  functionaries,  dictator,  quaestor ; 
of  artisans,  Jictor  sculptor,  institor  retail  dealer,  mercator 
wholesale  merchant,  structor  mason  ;  of  people  who  are  always 
showing  some  distinguishing  quality  or  defect,  calumniator, 
ratiocinator  ;  of  those  who  have  performed  a  feat  so  remarkable 
as  to  confer  on  them  a  durable  characteristic,  creator  urbis 
(Romulus),  servator  Graeciae  (Themistocles),  Cimhrorum  victor 
(Marius)  ;  cf.  Meissner  Latin  Phrase-book  p.  143  note. 

14.  nimiuin  retinens  etc.  :  vide  §  33  and  Introd.  §  13. 

§  56  1.  20.  more  meo  pristino :  by  a  false  assumption  of 
modesty  Cicero  shirks  the  most  difficult  part  of  his  task,  the 
examining  of  the  evidence,  Schol.  Vat.  Cicero  describes  his 
usual  method  of  dealing  with  evidence  in  Part.  Or.  §  49,  where  he 
states  that  an  orator  should  begin  by  saying  that  the  evidence 
is  not  to  the  point,  then  compare  other  cases  and  show  instances 
where  evidence  has  tumed  out  to  be  false,  then  blacken  the 
character  of  the  witness  by  every  possible  means  and  try  and 
show  that  he  has  some  motive  for  giving  false  evidence. 

21.  non  quo  sit  .  .  sed  quia  est :  the  subjunctive, 
according  to  Roby  (§  1744),  is  used  of  a  reported  or  assumed 
reason,  the  indicative  of  the  genuine  or  most  probable  reason  ; 
cf.  pugiles  .  .  ingemiscunt  .  .  non  quod  doleant  .  .  sed  quia  .  . 
omne  corpus  intenditur,  Tusc.  Disp.  2.  23  ;  but  occasionally 
post-Ciceronian  writers  have  indicative  with  non  quia  of  false 
reasons,  Hor.  Sat.  2.  2.  89  rancidum  aprum  antiqui  laudahant, 
non  quia  nasus  nullus  erat  sed  credo  hac  menfe  quod  hospes  .  . 
commodius  consumeret ;  cf.  Or.  2.  72,  Lael.  2.  13,  Hor.  LJp.  1. 
10.  49. 

24.  de  me  meriti :  aUuding  to  his  exile. 

25.  ut  eorum  reprehensionem  etc,  'so  that  you  who  are 
men  of  considerable  insight  ought  to  take  upon  yourselves  the 
duty  of  criticising  these  witnesses  (and  weighing  their  evidence), 


and  thus  relieve  me,  who  feel  many  scruples  about  it,  from  the 

vestrae  prudentiae  .  .  meae  modestiae  are  datives  = 
vohis  prudentibus,  mihi  modesto. 

29  4.  auditionibus,  'hearsay,'  cf.  Verr.  4  §  102  hoc  solum 
auditione  expetere  coepit  cum  id  ipse  non  vidisset  ? 

§  57  1.  6.  iniqui :  as  a  substantive  cf.  §  40  ;  adjectives  are 
used  as  substantives  frequently  in  the  plural  of  concrete  things, 
and  more  frequently  in  the  second  than  the  third  declension. 

multi  multa :  a  favourite  Latin  collocation,  cf.  §  64  omnes 

12.  manabit :  properly  of  a  stream  flowing  and  spreading 
from  a  source  ;  metaph.  of  nomen,  Tusc.  5  §  8  ;  fama,  Phil.  14 
§  15  ;  oratio,  ad  Att.  3.  12  ;  rumor,  Livy  2.  49. 

16.  audivi :  cf.  Cicero's  favourite  phrase  at  the  time  of  the 
Catilinarian  couspiracy,  comperi ;  cf.  ad  Fam.  5.  5.  2  esse 
aliquid  abs  te  profectum  ex  multis  audivi.  oiam  comperisse  me 
non  audeo  dicere  ne  forte  id  ipsum  verbum  ponam  quod  abs  te 
aiuntfalso  in  me  solere  conferri. 

XXIV.  §  58  L  17.  L.  Cassius  Longinus  was  the  subscriptor 
or  junior  counsel  for  the  prosecution.  Cicero  throughout  treats 
hini  with  considerable  respect,  vide  Introd.  §  4. 

18.  luventium :  probably  Juventius  Thalna,  of  the  same 
gens  as  Laterensis,  the  first  plebeian  curule  aedile,  365  b.c.  ;  cf. 
Livy  7.  1.  Cassius  may  have  mentioned  this  Juventius  to 
show  that  his  client  Juventius  Laterensis  deserved  the  curule 
aedileship  because  one  of  his  ancestors  had  been  instrumental 
in  opening  that  office  to  every  Roman. 

19.  tecum :  i.e.  with  Laterensis. 

expostulavi,  '  remonstrated  with  you  about.'  The  regular 
construction  of  this  verb  in  Cicero  is  expostulare  cum  aliquo 
aliquid  (or  aliquem,  as  here),  or  de  aliqua  re. 

23.  Congo  :  most  of  the  MSS.  have  Longino,  but  the  SchoL 
Vat.  has  Conco.  The  person  meant  is  probably  Junius 
Congus,  faraous  as  an  antiquarian  ;  cf.  Pliny  H.  N.  praef.  §  7. 

24,  studio,  'assiduity,'  'diligence,'  referring  to  persubtilis 
'  M'ell  thought  out. ' 

30  3.  pudore,  'kindly  feeling,'  'honour,'  referring  to  the 
respectful  tone  whicli  Cassius  had  adopted  towards  his  senior, 

6.  humanitati,  'culture.' 

NOTES  109 

respondebo :  i.e.  becaiise  your  speech  was  noteworthy  in 
style  and  tone  ;  the  speech  itself  contained  no  arguments 
against  Plancius  which  need  refutation. 

7.  aculei :  used  frequently  in  the  plural  of  the  'stings,'  i.e. 
cutting  remarks,  with  wliich  a  speech  is  armed  against  an 

in  me  reprehendendo,  *  in  criticising  me  for  my  defence  of 
Plancius. ' 

8.  non  ingrati :  i.  e.  because  they  were  in  good  taste  and 
always  respectful. 

§  59  1.  11.  omnia  malo :  the  construction  follows  the 
analogy  of  mlo  and  cuipio,  cf.  'pro  Cl.  §  188  nihil  aut  .  .  quod 
illa  non  filio  voluerit. 

16.  aetas  non  est  grandis  :  Cicero's  son  was  in  his  twelfth 
year  at  the  time.  His  father  was  anxious  to  take  him  to  his 
Tusculan  estate  and  begin  his  education  in  rhetoric,  but  was 
detained  by  business  in  Rome,  ad  Q.  Fr.  3.  3  and  4. 

rex  ille  a  love  ortus :  i.e,  Atreus,  who  in  the  tragedy  of 
Attius  which  bears  his  name  addresses  these  words  to  his  son. 
The  quotation  occurs  in  a  fuller  form  in  thepro  Sest.  §  102 — 
.  .  vigilandum  est  semper  ;  multae  insidiae  sunt  bonis. 
id  quod  multi  invideant  multique  expetant  inscitiast 
postulare,  nisi  laborem  summa  cum  cura  ecferas. 

The  lines  are  trochaic  (Tpox^s,  rp^xeiv,  the  running  metre), 
septenarii.     The  scheme  is — 

In  the  first  six  feet  a  tribrach,  spondee,  anapaest,  or  dactyl  may 
be  substituted  for  the  trochee  ;  for  the  metre  in  Greek  cf.  Soph. 
0.  T.  1524-fin. 

cD  irdTpas  Qri^rjs  hoLKOi,  \e6<X(T€T,  OidlTrovs  6'5e. 
Cf.  Plautus  passim,  e.g.  Pseud.  265-393. 

21.  poeta :  L.  Attius,  born  170  b.c,  died  94  b.c,  author  of 
thirty-seven  tragedies,  which  had  a  great  reputation  among 
both  his  contemporaries  and  Romans  of  later  times. 

illos  regios  pueros  :  Agamemnon  and  Menelaus. 

22.  nusquam  erant,  'never  really  existed'  but  were 

§  60  1.  24.  Cn.  Scipionis :  probably  Cn.  Cornelius  Scipio 
Asina,  who  in  260  b.c.  was  consul  with  C.  Duilius,  and  in  253 
triumphed  de  Poenis. 


26.  hoc  praestaret,  'he  would  be  superior  in  this  one 
point,  he  would  be  less  envied, '  i.  e.  people  would  consider  that 
he  had  been  elected  for  his  father's  sake  ;  as  it  is  they  envy 
him,  because  though  a  mere  knight  he  has  obtained  the 

28.  gloriae :  sc.  gradus,  '  the  steps  by  which  men  attain 
fame '  cannot  be  trodden  by  all  alike  ;  only  such  heroes  as  are 
just  to  be  mentioned  can  reach  them.  The  names  that  follow 
are  all  types  of  true  Roman  simplicity  and  old-fashioned  virtue. 

XXV.  M'.  Curio :  Manius  Curius  Dentatus,  as  tribune  of 
the  plebs,  compelled  the  senate  to  recognise  the  consuls- 
elect  as  such  without  any  respect  of  persons  (patres  auctores  fieri 
coegit),  when  Appius  Claudius  as  the  first  interrex  illegally  held 
the  comitia  and  rejected  a  plebeian  candidate  ;  cf,  Brut.  §  55. 
He  was  honoured  by  three  triumphs,  the  most  notable  being 
that  over  Pyrrhus  in  275  b.  c. 

29.  C.  Fabricius  Luscinus,  as  consul  in  the  year  278  b.c, 
stirred  the  admiration  of  Pyrrhus  by  his  incorruptibility,  his 
honour,  and  his  bravery. 

C.  Duellius  (less  correctly  Duilius,  as  it  is  connected  with 
duellum  =  hellum,  cf.  Or.  §  153)  was  the  first  Roman  who  was 
granted  a  triumph  for  a  victory  by  sea,  in  this  case  gained  over 
the  Carthaginians  at  Mylae  260  b.c,  and  commemorated  by 
the  famous  columna  rostrata,  a  column  in  the  Forum  decorated 
with  the  rostra  (beaks)  of  the  captured  ships. 

A.  Atilius  Regulus  Calatinus  (Calatinus  =  from  Calatia 
in  Campania)  was  consul  in  258  b.c  with  Sulpicius  Paterculus, 
and  triumphed  ex  Sicilia  de  Poenis.  In  249  he  was  dictator 
rerum  gerendarum,  the  year  in  which  App.  Claudius  lost  his  fleet 
at  Drepanum. 
31  1.  Cn.  et  P.  Scipionibus  :  the  two  brothers  are  meant  who 
in  the  second  Punic  war  held  the  command  in  Spain,  duo 
fulmina  nostri  imperii  Cic.  pro  Balh.  §  34,  duo  pi^opngnacula 
helli  Punici  qui  Carthaginiensium  adventum  corporibus  suis 
intercludendum  putaverunt  Cic.  Parad.  1  §  12. 

Africano  :  Publius  Cornelius  Scipio  Africanus  major,  the 
conqueror  of  Hannibal  at  Zama  202  b.c  In  187  B.c  he  was 
maliciously  impeached  ex  suspicione  pecuniae  captae  ;  as  a  result 
of  this  he  retired  into  exile  at  Linternum,  where  he  died  ;  cf. 
Cic.  de  Off.  2  §  75  for  a  laudatory  description  of  his  virtues. 

2.  Marcello  :  Marcus  Claudius  Marcellus,  consul  in  222  b.c, 
conquered  the  Insubrian  Gauls  and  the  Germans,  and  near 
Clastidium  gained  the  spolia  opima  by  slaying  the  Gaulish 

NOTES  111 

leader  Viridomarus.  He  was  consul  five  times,  conquered 
Hannibal  at  Nola,  passed  over  to  Sicily  and  captured  Syracuse. 
He  met  his  deatii  iii  an  engagcment  with  Hannibal  at  Venusia 
in  208  B.C.,  the  eleventh  year  of  the  second  Punic  war ;  cf. 
Cic.  de  Div.  2  §  77,  de  Off.  1  §  61. 

Quintus  Fabius  Maximus  Verrucanus  Ovicula,  like 
the  preceding  a  distinguished  general  in  tlie  second  Punic  war, 
was  consul  five  times,  aiid  triumphed  over  the  Ligurians  and 
Tarentines  ;  cf.  Cic.  Verr.  5  §  25,  Brut.  §§  57,  72,  77,  where 
a  description  of  his  oratorical  powers  is  given. 

3.  virtute,  'in  attaining  to  true  greatness,'  '  genuine 

5.  honorum  populi  flnis,  '  the  furthest  step  of  the  high 
offices  which  the  people  gives '  ;  the  gQm.iiwe populi  is  dependent 
on  honorum,  a  construction  quite  rare  in  Augustan  Latin,  and 
apparently  used  only  where  the  sense  is  quite  clear  ;  for  instances 
cf.  ad  Fam.  7.  13  causa  intermissionis  litterarum,  Phil.  2  §  48, 
Livy  1.  38,  Caes.  B.  G.  2.  17  ;  cf.  Madvig  Lat.  Gr.  §  288. 

6.  octingenti:  from  A.u.c.  245  (519  b.c.)  to  A.u.c.  700  (54 
B.C. ),  the  date  of  this  speech,  the  total  of  years  is  455.  This 
gives  910  consuls  apart  from  the  consules  suffecti,  supposing  that 
consuls  had  been  elected  every  year.  But  in  fifty-nine  years  for 
various  reasons  there  were  no  consuls,  the  supreme  power  being 
usually  held  by  trihuni  militum  consiUari  potestate,  or  a  dictator 
and  magister  equitum ;  thus  subtracting  118  consuls  from  910 
we  get  1^2=-octingentifere. 

8.  sed  returns  after  a  digression  to  Cassius'  demand,  quaeris 
quid  potuerit  etc,  thus  constituting  a  form  of  the  rhetorical 
figure  revocatio. 

9.  L.  Brutus  :  the  first  consul  (244  b.c.) 

13.  sunt  .  .  consecuti :  sunt  is  here  trajected  out  of  its 
normal  position  in  order  to  separate  tlie  appositional  or^t  from 
the  subject  of  the  sentence,  and  to  avoid  the  ambiguity  which 
would  arise  from  the  juxtaposition  of  the  three  adjective  forms 
orti,  innumerdbiles,  alii. 

§  61 1.  15.  T.  Didii  et  C.  Marii  :  both  7iovi  homines.  Didius, 
consul  in  98  b.c,  triumphed  ex  Hispania  de  Celtiheris  in  93. 
For  C.  Marius'  triumphs  over  Jugurtha  (104),  Teutones  and 
Cimbrians  (101  B.c),  vide  §§  26,  51.  Cassius  had  asked  '  can 
you  show  in  Plancius'  case  military  triumplis  to  justify  his 
election  as  in  the  case  of  the  nxivi  homines  Didius  and  Marius  ? ' 


18.  etnon:  morecommorily  ac?M)w=  *  and  not  much  rather/ 
used  to  make  a  correction  of  a  previous  statement. 

21.  hoc  imperatore :  hoc  8eiKTtK<2s,  Q.  Metellus  Creticus 
(cf.  §§  11,  27,  Introd.  §  7)  being  present  in  court. 

23.  in  me  custodiendum  :  cf.  Introd.  §  12. 
§  62  1.  24.   secundum  :  Plancius  possesses  neither  the  first 
advantage,  to  be  disertus,  nor  the  second,  to  think  himself  such. 

32  1.  quasi :  cf.  §  61,  to  correct  a  false  impression. 

hunc  :  Plancius.  Cicero  is  here  ridiculing  Laterensis,  who 
was  well  known  to  be  leges  ignorans,  Caelius  ap.  ad  Fam.  8.  8. 

3.  professi  sunt :  i.e.  '  those  accomplishments,' is^ms  moc^z 

7.  frugi :  originally  a  dative  (cf.  frugi  bonae  Plaut.  Fseud. 
340),  its  meanings  seem  to  have  been  '  for  food  '  ->  '  for  service ' 
->-  'usefur->-  'honest.'  For  a  similar  predicative  dative  cf. 
Plaut.  Stich.  719  nulli  rei  erimus  postea  '  we  shall  be  good  for 
nothing' ;  so  probably  the  phrase  solvendo  esse,  ad  Att.  13.  16. 

8.  tector  :  a  plasterer  or  wliite-washer  who  works  in  stucco 
or  fresco-painting  ;  we  find  them  mentioned  in  inscriptions 
together  with /abri. 

17.  ut  numeres,  *  although  you  count. ' 

19.  civibus  may  be  either  dative  or  ablative  ;  cf.  ad  Fam. 
14.  4.  3  sed  quid  Tulliola  mea  fiet,  Acad.  2  §  77  sapientiae  vero 
quidfuturum  est? 

XXVI.  §63  1.  21.  eum:  i.e.  Laterensis. 

nimis  .  .  iracundum :  because  he  had  accused  Plancius, 
not  Plotius  ;  cf.  §§  17,  54.  After  iracundum  most  of  the  MSS. 
give  putabis,  which  Wunder  and  most  recent  critics  omit  as  a 
scholiasfs  addition. 

in  se  :  i.e.  Plancius. 

22.  facile  patior  :  cf.  preceding  §  Q1  facile  patitur  =  '  I  have 
no  objection  to.' 

33  4.  enumeres,  'count^w^,'  'tothefull,'  'all.' 

5.  Praeneste  :  on  the  high  ground  at  the  foot  of  which 
Palestrina  now  stands.  Its  high  position  rendered  it  important 
in  early  times  as  a  fortress,  in  later  times  as  a  health  resort ;  cf. 
Hor.  Od.  3.  4.  23. 

6.  Cyrenis :  Laterensis  was  quaestor  there  during  Cicero's 
consulship  (63  B.C.) 

7.  ita  goes  with  the  whole  sentence,  *  so  true  is  it  that  .   .  . ' 

NOTES  113 

=  adeo.     It  does  not  go  with  multa,  for  which  Cicero  would 
probably  have  written  tot. 

§  64  1.  10.  quaestura  :  there  were  two  quaestors  in  Sicily, 
one  at  Lilybaeum,  the  other  at  Syracuse.  Cicero  was  quaestor 
at  Lilybaeum  in  75  b.c.  under  the  praetor  Sextus  Peducaeus  ; 
cf.  Vcrr.  3  §  182,  5  §  35. 

11.  maximis  imperiis  :  i.e.  the  praetorship  and  consulship. 

12.  multum  gloriae  .  .  ex  laude  :  Cicero  very  frequently 
joins  these  two  terms  ;  cf.  Catil.  4  §  21  erit  profedo  inter  horum 
laudes  aliquid  loci  rwstrae  gloriae,  pro  Lig.  §  37  noli  obsecro,  0. 
Caesar  similem  illi  gloriae  lavdem  quam  saepissime  quaerere. 

ex  quaesturae  laude,  'my  quaestor's  duties  which  I  per- 
formed  so  creditably.' 

18.  numerum,  'quantity,'  'supply';  this  use  of  numerus 
as  equivalent  to  copia,  vis,  seems  confined  to  things  used  for 
/ood ;  cf.  Fhil.  2  §  66  inaximus  vini  numerus  fuit,  de  Off.  3 
§  50  magnum  frumenti  numerum  advexerit. 

19.  mancipibus,  '  the  contractors,'  '  tax  -  farmers  '  ;  the 
leading  members  of  the  joint-stock  companies  of  the  publicani. 

21.  honores  :  details  of  these  honores  are  wanting.  Before 
leaving  Lilybaeum  he  delivered  a  speech  to  the  provincials,  in 
which  multa  eis  benigne  promisit  (Schoh  in  Div.  p.  97),  perhaps 
in  return  for  their  expressions  of  goodwill. 

§  65  1.  23.  casu :  not  a  mere  repetition  of  forte,  but  used 
with  reference  to  the  tiTne  of  Cicero's  visit ;  it  happened  to  be 
just  at  the  height  of  the  season.  Cicero  had  not  intended  to 
go  to  Puteoli,  henceforte. 

24.  itineris  faciendi  causa :  i.e.  in  order  to  continue  his 
journey  by  land  to  Rome. 

decedens,  'as  I  was  leaving  my  province.'  The  use  of  the 
present  participle  active  in  the  nominative  si^igular  is  very 
limited  in  Augustan  prose,  and  should  as  a  rule  be  avoided  in 
composition.  The  present  participle  in  Latin  is  always  used 
of  action  which  is  contemporaneous  with  that  of  the  verb  with 
which  it  is  connected  ;  e.g.  haec  ambulans  meditor  '  I  think  of 
these  subjects  as  I  walk  along.'  It  must  usually  be  translated 
by  *as,'  'whilst,'  'when';  cf.  Bradley's  Aids  to  Latin  Prose 
pp.  94-97. 

Puteoli :  now  Puzzuoli,  on  the  bay  of  Baiae,  and  near  to 
the  watering-place  of  that  name. 

27.  numquidnam  esset  novi :  cf.  the  common  salutation 

114        cicerCs  oration  for  plancius 

nuTnquidnam  novi?  Orat.  2.  §  13,  ad  Fam.  11.  27.  1 ;  cf.  Rosc. 
Am.  §  107. 
34       XXVII.  3.  unum  ex  iis  :  cf.  de  Or.  1.  24.  111  imus  e  toga- 
torum  numero  'a  mere  citizen.' 

aquas,  '  the  baths  '  at  Puteoli,  properly  '  springs' ;  cf.  Aqvxie 
Sextiae,  Aquxie  Cumanae,  Aquxie  Aureliae  ( =  Baden  -  Baden). 
Cf.  Aix. 

§  ^  1.  5.  haud  scio  an :  lit.  '  I  don't  know  whether,'  by 
degrees  like  nescio  a7i=  '  I'm  inclined  to  think  so  '  =  '  perhaps,' 
'  probably. ' 

profuerit :  the  general  sense  is  this,  *  I  had  hoped  to  gain 
such  prestige  at  Rome  by  my  quaestorship  at  Lilybaeum  that 
ray  ascent  to  the  higher  offices  would  be  quite  easy,  and  but  for 
this  incident  1  should  probably  have  rested  on  my  laurels  and 
made  no  effort  in  canvassing.  But  my  eyes  were  opened,  I 
found  that  Rome  cared  little  for  provincial  fame  {aures  hehetiores 
erant),  and  so  did  my  best  to  make  myself  prominent  in  Rome, 
and  not  hope  to  gain  everything  by  the  fame  I  had  won  in  my 
quaestorship  abroad. ' 

10.  habitavi  in  oculis  etc.  :  for  the  usual  methods  of  a 
canvass  at  Rome  vide  Introd.  §  22. 

11.  congressu  meo,  '  an  interview  with  me.' 

12.  occupatis  temporibus,  'business  hours' ;  time  occn- 
pied  by  any  employment,  either  business  in  the  limited  sense 
or  state  cares.  The  exact  opposite  of  this  is  otvum  'absolute 

13.  otium  .  .  otiosum :  a  common  combination,  cf.  Enn. 
Fr.  3— 

otio  qui  nescit  uti  plus  n^goti  habet 
qitam  qui  est  negotiosus  in  negotio. 
.  .  otioso  in  otio  animus  nescit  quid  velit. 

Cf.  deOf.  3%1,  pro  Cael.  §  1. 

16.  feriis,  'holidays' ;  cf.  de  Legg.  2  §  2^  feriarum  festorum- 
que  dierum  ratio  in  liheris  requietem  hahet  litium  et  iurgiorum. 
Cf.  de  Or.  3  §  85,  where  Cicero  applies  forenses  feriae  to  the 
time  when  he  is  free  from  work  in  the  law-courts. 

M.  Catonis :  M.  Porcius  Cato  censorius,  born  234  b.c.  at 
Tusculum,  served  with  success  against  Hannibal  in  the  second 
Punic  war,  against  Antiochus  in  191  b.g.  Distinguished 
throughout  his  public  life,  especially  in  his  censorship  184  B.C., 
by  his  vigorous  protests  against  the  growing  degeneracy  and 
Hellenising  fashions  of  the  Rome  of  his  day.     The  Origines 

NOTES  115 

is  practically  the  first  history  written  in  Latin  ;  it  embraces  the 
history  of  Rome  from  its  foundation  to  150  b.c.,  cf.  Cornelius 
Nepos  Cat.  3  senex  scrihere  historias  instituit  quarum  sunt  libri 
septem  ;  cf.  Justin.  praef.  5  iit  otii  mei  cuius  et  Cato  reddendam 
operam  putat  apud  te  ratio  constaret,  Suet.  Galha  9,  Colum.  rer. 
rust.  2.  22.  1,  Symmach.  ^p.  1.  1.  clarorum  virorum  were 
the  words  with  which  the  Origines  actually  began.  Tacitus 
intentionally  copies  them  at  the  beginning  of  his  Agricola — 
clarorum  virorum  facta  moresque. 

19.  virorum  .  .  otii  .  .  rationem  :  for  the  dependent 
genitives  vide  supra  honorum  populi  §  60. 

20.  si  quam  habeo  laudem,  quae  quanta  sit  nescio : 

cf.  the  beginning  of  the  pro  Archia,  si  quid  est  in  me  ingeni 
quod  sentio  quam  sit  exigioum. 

22.  meaque  prlvata  consilia  :  as,  for  instance,  in  his 
suppression  of  the  Catilinarian  conspirators  in  63  b.c,  to 
which  Cicero  is  alluding  here. 

23.  summa  res  publica,  *  the  highest  interests  of  the  state,' 
cf.  §  52. 

§  67  1.  24.  eadem  via  etc.  :  there  is  a  touch  of  irony  in 
Cicero's  contrasting  his  own  success,  though  a  mere  novus  homo, 
with  Laterensis'  failure  to  obtain  the  aedileship,  although 
backed  up  commendatione  maiorum. 

25.  via  munita  .  .  est :  the  ordinary  phrase  for  laying 
down  a  road  ;  there  is  no  idea  of  '  fortifying,'  merely  '  building,' 
cf.  moenia.  For  the  metaphorical  use  cf.  pro  Mur.  23.  48  haec 
omnia  tihi  accusandi  viam  muniebant,  Verr.  2.  1.  25  §  64. 

26.  ego  .  .  istius :  note  the  antithesis. 
huc:  i.e.  to  fame. 

a  me  ortus,  '  with  no  famous  ancestry '  ;  cf.  Tusc.  4  §  2,  c?e 
leg.  agr.  2  §  1,  for  Cicero  as  auctor  nohilitatis  suae. 
35       2.  sorte,    'because  the  lot  bade  him,'  i.e.  because  he  was 
appointed  quaestor  of  Macedonia. 

lege,  *  at  the  law's  demands, '  military  service,  in  this  case 
service  as  tribunus  militum,  being  enjoined  by  law. 

necessitate,  'on  unavoidable  business,'  i.e,  to  carry  out 
the  business  of  the  societas  which  his  father  delegated  to  him. 

rebus  iisdem  :  i.  e.  eloquence  and  knowledge  of  the  law. 

3.  nonnulli :  a  hit  at  Laterensis,  fortasse  implying  that 
Laterensis'  reputation  for  eloquence  and  legal  knowledge  was 
not  well  founded. 


adsiduitate,  'constant  presence'  in  tlie  local  and  literal 
sense,  cf.  adsldere  ;  liere  specially  of  the  constant  attendance  of 
candidates  in  the  assemblies  and  public  places,  as  recommended 
in  Q.  Cicero's  'Candidates'  Handbook,'  the  depetitume  conmlatits, 
ch.  11  desiderat  nomenclationem  hlanditiam  adsiduitatem  benig- 
nitatem  etc.  ;  cf.  pro  Mur.  §  21,  Verr.  1  §  101. 

5.  qua,  'by  means  of  which.' 

minima  invidia,  'with  the  least  amount  of  jealousy,'  an 
ablative  of  attendant  circumstances  (the  old  sociative  case). 
The  juxtaposition  of  the  two  ablatives  qua  and  invidia  not 
agreeing  is  awkward  and  not  usual  in  Cicero. 

XXVIII.  §  68  1.  7.  nam :  implying  that  one  point  is  dis- 
posed  of  and  the  next  is  to  be  dealt  with. 

11.  meo  nomine,  'on  my  account,'  because  he  had  be- 
friended  me  during  my  exile.  n^men  used  here  with  an 
allusion  to  the  use  in  mercantile  language,  '  debt, '  literally  the 
name  of  the  debtor  entered  in  the  creditor's  ledger,  tahulae 
accepti  et  impensi,  then  a  bond,  note  etc.  ;  cf.  Ascon.  ad  Cic. 
Verr.  2.  1.  10  §  28. 

13.  conturbare  :  sc.  rationes,  used  properly  of  a  fraudulent 
bankrnpt  who  deliberately  throws  his  accounts  into  confusion  ; 
then  simply  to  become  bankrupt,  just  as  decoquere,  foro  cedere, 
or  solveTulo  non  esse.  Trans.  'ought  I  to  refuse  to  meet  my 
obligations,  or  settle  with  all  my  other  creditors  in  order  as 
their  claims  become  due,  and  discharge  this  pressing  debt  now 
when  application  is  made  for  payment  ? ' 

14.  hoc  nomen,  quod  urget,  'this  pressing  debt.' 
dissolvere  nomen,    'to  discharge  the  debt,'  properly  to 

annu],  abolish. 

15.  quamquam  :  a  mere  rhetorical  particle  used  adverbially, 
'yet,'  'however,'  making  a  slight  correction  ;  cf.  Verg.  Aen. 
5.195  quaynquam  o !  sed  superent  etc. 

dissimilis  etc.  :  Cicero's  meaning  is  that  in  paying  a  money 
debt  the  debtor  parts  with  what  he  repays,  but  a  man  who 
repays  a  debt  of  gratitude  still  retains  the  feeling,  and  by  re- 
taining  the  gratitude  repays  the  debt.  The  relations  of  a  debt 
of  money  and  a  debt  of  gratitude  are  inverse.  For  a  similar 
play  on  words  vide  de  Off.  2  §  69.  For  a  criticism  of  the  whole 
sentiment,  which  is  probably  drawn  from  a  rhetorical  common- 
place  book,  cf.  Antonius  Julianus  (a  late  rhetorician  of  uncertain 
date)  in  Aul.  Gell.  N.  H.  1.  4.  He  shows  that  debere  pecuniam 
and  habere  gratiam  do  not  exactly  correspond  ;  this  correspond- 

NOTES  117 

ence  would  have  been  clearer  if  Cicero  had  written  pectmiam 
alteri  dehitam  hahere  et  gratiam  Tmhere,  so  that  the  sarae  word 
hahere  might  occnir  on  either  side  of  the  comparison.  The 
statement  is  interesting,  as  showing  the  extent  to  which  verbal 
criticism  was  carried  by  the  rhetoricians. 

21.  voluntate  ipsa,  *and  I  should  equally  repay  it  by  my 
good  feelings  alone  if  this  unpleasant  juncture  had  not  occurred.' 
Iioc  molestiae  is  the  accusation  of  Plancins  which  gives  Cicero 
an  opportunity  of  showing  his  gratitude  not  merely  by  his  good 
feelings  but  by  personal  service ;  cf.  supra  hoc  nomen,  quod  urget. 

36  §  69  1.  6.  meminisse  =  to  have  something  always  present  in 
the  memor j  =  memoria  tenere,  ^ejxvriaOai :  recordari  =  to  cause 
one's  mind  to  recall  something  it  has  forgotten,  then  to  lay  to 
heart ;  thus  memoria  is  merely  the  remembering  something 
which  has  previously  occurred  by  the  agency  of  mens  et  cogitatio, 
whilst  recordatio  is  the  recalling  to  mind  of  something  cum 
animo  et  affectu ;  cf  Seyffert-Miiller  Lael.  p.  555.  recordari  in 
Cicero  regularly  takes  the  accusative  (there  are  only  two 
passages  where  the  gen.  is  found)  or  de,  the  latter  especially  of 

7.  Opimium  damnatum  etc.  :  Cassius  had  stated  that 
even  greater  men  have  been  condemned  in  spite  of  their  services 
to  the  state  and  their  influential  friends,  and  blamed  Cicero  for 
his  exertions  on  Plancius'  behalf  ;  Cicero  shows  that  their  friends 
did  their  best  for  them,  and  he  is  prepared  to  follow  their 

Opimius,  consul  121  b.c,  was  instrumental  in  suppressing 
the  rising  of  C.  Gracchus.  In  120  b.c.  he  was  accused  by  Didius 
of  having  put  Roman  citizens  to  death  without  trial,  and  in 
spite  of  the  defence  of  the  consul  Papirius  Carbo  was  banished. 
He  died  in  exile  at  Dyrrhachium. 

8.  Q.  Calidius  :  trihunus  pleheius  99  b.c.  After  serving  as 
propraetor  in  Spain  in  78  b.c.  he  was  accused  of  extortion  {de 
repetundis).  The  fact  tliat  twenty  years  before  he  had  obtained 
the  recall  of  Q.  Metellus  was  of  no  avail  and  he  was  condemned. 
Knowing  that  the  iudices  had  been  bribed  by  his  political 
opponents,  he  said  vel  idoneam  mercedem  pro  meo  capite  pacisci 
dehuistis,  Ferr.  act.  pr.  §  38. 

Q.  Metellus  Numidicus,  consul  with  M.  Junius  Silanus  in 
109  B.c,  fought  successfully  against  Jugurtha  and  surrendered 
his  command  very  unwillingly  to  Marius,  Sall.  Jug.  82.  In 
100  B.c,  when  Saturninus  passed  his  agrarian  law,  to  the 
provisions  of  which  every  senator  was  to  swear  obedience  within 


five  days,  Metellus  refused,  and  rather  than  cause  a  disturbance 
went  into  voluntary  exile  at  Rhodes  {pro  Pl.  §§  36,  88).  He 
was  recalled  in  99  b.  c.  by  the  lex  Calidia,  to  which  very  little 
opposition  was  made. 

10.  suo  nomine  :  i.e.  servator  rei  publicae,  vide  supra. 
Cassius  seems  to  have  said  '  Opimius  saved  the  state  and  yet  was 
condemned,  Calidius  restored  the  great  Metellus  to  Rome  and 
yet  was  condemned,  Plancius  restored  Cicero — surely  he  should 
be  condemned  too.' 

XXIX.  12.  Q.  Metellus  Pius,  son  of  Metellus  Numidicus, 
was  praetor  in  87  b.c.  and  distinguished  himself  by  his  services 
in  the  Social  war  ;  was  instrumental  in  procuring  the  election  of 
Calidius  to  the  praetorship.  As  proconsul  in  Spain  he  conducted 
the  war  against  Sertorius  for  eight  years  and  was  awarded  a 
triumph  at  its  close  in  72,  so  that  at  the  time  of  Calidius' 
impeachment  he  must  have  been  absent  from  Rome  ;  cf.  infra 
si  Romae  esse  potuisset. 

14.  supplicasse :  i.e.  that  the  Roman  people  should  elect 
Calidius  to  the  praetorship. 

cum  quidem,  'and  what  is  more,  on  that  occasion  .  .' 

15.  illum :  Calidius. 

§70  1.  16.  quo  loco,  'and  whilst  we  are  on  this  topic'; 
locus  here  almost  in  the  rhetorical  sense,  cf.  t^ttos. 

19.  nam  is  elliptical,  *  I  do  not  mention  Opimius'  case  in  the 
same  category,  for  .  . ';  cf.  §§  21,  38. 

23.  illi  iudices  :  the  jury  were  at  this  time  chosen  from  the 
senate  ;  Cicero  here,  as  in  Verr.  act.  pr.  §  38,  implies  that  had 
they  been  chosen  from  the  equites  such  a  shameful  verdict 
would  never  have  been  given. 

et  non,  '  and  not  much  rather '  ;  ac  non  is  used  similarly  in 
the  formula  of  correctio  ;  cf.  §§  61,  71,  de  Off.  1  §  5. 

parricidae,  'sacrilegiouswretches,'  'traitors';  used  similarly 
of  Catiline's  associates,  Sall.  Cat.  51.  25,  of  Antony's  adherents, 
Planc.  ap.  Cic.  Fam.  10.  23  etc.  The  history  of  the  word  is  un- 
certain  ;  itmsij=patricida  =  quipatrem  caedit,  but  Th.  Mommsen 
Eom.  Staatsr.  ii.  p.  541  connected  the  first  part  of  the  word  with 
perperam,  periurium  etc.  ;  it  would  thus  =  '  a  murderer  of  the 
worst  kind '  and  to  be  visited  with  the  worst  penalties  ;  this 
would  agree  with  its  earliest  use  in  the  law  si  qui  hominem 
liherum  dolo  sciens  morti  duit  paricidas  exto  ;  cf.  Osenbrtiggen- 
Wirz  on  ^ro  Mil.  §  17. 

26.  finitimo  bello :  in  123  b.c.  he  captured  the  Volscian  town 

NOTES  119 

Fregellae,  which  had  revolted  in  consequence  of  the  senate's 
refusal  to  grant  the  franchise  to  the  Italians  ;  cf.  in  Pis.  §  95 
with  Asconius'  note. 

domestico  bello,  *  civil.  war,'  i.e.  by  bringing  about  the 
murder  of  Caius  Gracchus  in  121  b.c. 

§  71  1.  27.  at  enim,  'oh,  but  I  shall  be  told  .  .'  =  d\XA  v^ 
Afa,  used  to  introduce  a  possible  objection  of  an  opponent  in 
order  to  rebut  it ;  the  rhetorical  figure  known  as  occupatio  or 
irpb\7)\l/is.  enim  here  as  in  older  Latin  is  an  asseverative 
strengthening  particle  =  '  indeed '  ;  in  Plautus  it  never  means 
*  for '  and  in  Terence  it  only  occasionally  has  that  signification. 
Tiam  has  a  similar  history  and  is  connected  in  form  with  enim  ; 
cf.  eheu,  lieu ;  ehem,  hem ;  so  enim,  nam ;  cf.  Langen  Plaut. 
Beitrage  p.  262. 

28.  quasi  vero  :  used  to  refute  a  statement  ironically,  cf.  de 
Or.  2  §  232,  ad  Q.  Fr.  1.  1. 

30.  quod  istius  .  .  an  quia  :  spoken  by  Cassius. 

37  1.  iugulari :  i.e.  he  protected  Cicero  in  Macedonia  from  the 
possibility  of  assassination  at  the  hands  of  Catiline's  associates, 
who  were  at  the  time  scattered  throughout  Greece  ;  cf.  §  98. 
On  the  whole  question  of  Plancius'  services  to  Cicero  vide 
Introd.  §  13. 

4.  posuit,  'asserted  as  true '=joro  certo  ponere  Livy  10.  9  ; 
cf.  Biv.  in  Q.  C.  §  16,  ad  Fam.  1.  9.  21. 

8.  fuisse  .  .  famae  .  .  ferrum  in  foro  flammam :  note 
the  alliteration. 

9.  toto  illo  anno :  58  b.c,  when  Clodius  was  plebeian  tribune. 

10.  nisi  forte  :  ironical,  cf.  m\}XdL  quasi  vero ;  used  here  to 
introduce  the  figure  known  as  aira^yur/y)  eis  dToirov  or  reductio  ad 
absurdum,  cf.  Introd.  §  34. 

13.  excordem,  'foolish,' 'senseless.'  cor  in  this  compound 
has  its  original  meaning  of  intelligence,  wits,  cf.  Ennius  Ann. 
335  egregie  cordatus  homo  catus  Aelius  Sextus  ;  cf.  corde  conspicio 
Tneo  Plaut.  Pseud.  773  ;  so  corde  sapere  Plaut.  passim. 

his  :  i.e.  the  jurymen,  5etKTi/cws. 

curia  :  i.e.  the  Curia  Hostilia,  the  most  ancient  and  revered 
meeting-place  of  the  senators,  always  looked  upon  as  symbolical 
of  the  greatness  and  inviolability  of  Rome  ;  cf.  Hor.  Carm.  3. 
5.  7  proh  Curia  inversique  mores. 

15.  is  homo,  'being  as  you  are  .  .  ,'  i.e.  as  pictured  in  §  58 
omni  et  humanitate  et  virtute  ornxitus  adulescens  etc. 


17.  molestia:  so  the  better  MSS.  T  and  E.  The  codices 
deteriores  read  modestia,  which  must  be  taken  ironically,  '  for- 

XXX.  §  72  1.  18.  minus  .  .  vehementer  ^  double     chias- 
20.  nec  considerate  minus  |-nius  which  in- 
nec  minus  amice  J  creases     the 

symmetry  of  the  period. 

21.  illud,   '  that  statement  of  y ours. ' 

22.  temporis  causa,  'to  suit  the  particular  occasion,'  cf. 
§  74  ac?  tempus. 

scilicet  =  sa,  licet,  'know,  you  may  do  so' ;  thus  in  general 
sense  the  same  as  scire  licet,  which  the  Romans  themselves 
imagined  to  be  the  full  form  of  it.  Here  used  to  introduce  an 
ironical  statement,  cf.  videlicet  {vide,  licet)  below.  Trans. 
'  I  suppose  you  would  have  us  believe  that  I,  a  man  with  all  my 
wits  about  me,  invented  reasons  for  seeming  to  be  under  the 
greatest  obligations  to  another  for  services  rendered,  whereas 
really  I  was  absolutely  free  from  such.  How  then  ?  Had  I,  to 
induce  me  to  undertake  Plancius'  defence,  too  few,  too  unreal 
obligations  of  close  intimacy,  of  neighbourliness,  of  hereditary 
friendship  ? ' 
38  1.  vererer,  '  I  ought  to  have  felt  apprehensive,  oughtn't  I  ?' 
For  the  jussive  subjunctive  {vererer=vereri  debebam),  which  is 
not  uncommon  in  old  or  colloquial  Latin  and  poetry,  cf.  Plaut. 
Psevd.  287  si  amabas  invenires  mutuam,  Men.  193,  Poen.  524, 
Bacch.  421,  Trin.  133,  Ter.  Heaut.  532,  Andr.  793  (imperfeets), 
Cic.  2  Verr.  3.  84.  195  frumentum  ne  emisses,  Verg.  Aen.  8. 
643  at  tu  dictis  Albane  maneres,  4.  678  vocasses,  10,  854  dedissem, 
2.  162  dedissem,  Lucan.  7.  646  et  bella  dedisses,  Cic.  ad  Att. 
2.  1  %  S  ne  poposcisses. 

4.  mihi  debere  :  i.e.  because  Cicero  was  defending  him. 

6,  coronam  civicam :  this  was  the  crown  of  oak  or  ilex 
leaves  given  by  one  citizen  to  another  for  having  rescued  him 
from  the  thick  of  the  fight.  The  heads  of  Augustus  and  Galba 
are  crowned  with  it  on  several  coins  ;  still  more  frequently  we 
see  it  on  the  reverses  of  imperial  coins  with  the  motto  ob  cives 
servatos.  According  to  Aul.  Gell.  iV.  A.  5.  61  the  censor  L. 
Gellius  had  proposed  to  give  Cicero  a  civic  crown  for  his 
suppression  of  the  Catilinarian  conspiracy  in  63  b.C. 

7.  non  quo  sit  .  .  sed  reformidant :  the  subjunctive  of 
the  reported  or  assumed  reason,  the  indicative  of  the  direct 
statement  of  the  writer's  opinion  ;  cf.  Tusc.  Disp.  2.  23  pugiles 
.  .  ingemiscunt  non  quod  doleant  .  .  sed  quia  .  .  omne  corpus 

NOTES  121 

intenditur,  Or.  2.  72,  Lael.  2.  13,  Hor.  Up.  1.  10.  49  ;  vide  §  56 

protectum  :  in  Cicero  always  literally,  e.g.  scuto,  vinea. 
The  metapliorical  use  for  tu/^ri  does  not  occur  except  in  later 
writers  ;  cf.  pro  Sulla  §  50. 

§  73  1.  14.  hoc :  i.e.  that  most  men  shrink  from  incurring 
unnecessary  obligations. 

15.  cum,  'being  as  you  are  an  intimate  friend  of  mine.' 

periculum  vitae  etc.  :  for  Laterensis'  sympathy  with  Cicero's 
misfortunes  cf.  §§  2,  5,  86. 

17.  luctu  atque  discessu  :  hendiadys,  the  second  term,  as 
frequently  in  Cicero,  giving  an  explanation  of  the  first ;  so 
clamores  et  admirationes,  natura  pudorque,  cf.  §§  51,  77. 

20.  te  mihi  remittere  etc,  'in  everything  you  said  to  me 
you  always  showed  that  you  willingly  gave  me  permission  to 
exert  all  my  influence  in  advancing  Plancius'  candidature, 
because,  as  you  said,  his  services  to  me  gave  yo^i  pleasure  too. ' 
Laterensis  had  evidently  been  so  confident  of  his  election  that 
he  had  said  he  had  no  objection  to  Cicero's  exerting  himself  on 
Plancius'  behalf.  According  to  §  54  a  coitio  had  existed  between 
Plancius  and  Laterensis  before  the  first  elections. 

§  74  1.  24.  temporis  causa,  '  to  suit  the  occasion ' ;  cf.  Acad. 
2  §  113,  Tusc.  Disp.  4  §  8  ;  similarly  ex  tempore  is  used,  Tusc. 
Disp.  5  §  88. 

oratio :  there  is  a  speech  usually  included  in  Cicero's 
writings,  Post  reditum  in  senatu  (Teuflel  Rom.  Lit.  p.  274  calls 
it  *  undoubtedly  genuine '),  in  §  35  of  which  the  writer  talks  of 
Gn.  Plancius  qui  custos  capitisfuit  .  .  qui  totam  quuesturam  in 
me  sustentando  et  conservando  collocavit. 

29.  duces  et  quasi  signiferi :  for  the  metaphor  cf.  pro  Mur. 
§  50,  pro  Sulla  §  34,  ad  Att.  2.  1.  7  etc. 
39  1.  dicta  de  scripto,  'spoken  from  manuscript'  ;  the  occa- 
sion  was  too  important  for  an  extempore  speech.  Cicero  also 
wishes  to  show  that  he  had  not  added  the  passage  to  the  speech 
afterwards  to  suit  the  present  occasion. 

in  qua  etc.  :  ironical,  '  in  which  speech  you  would  have  it 
that  I  was  clever  enough  to  devote  myself  to  a  man  to  whom  I 
owed  no  special  service,  and  by  a  lasting  acknowledgment 
strengthened  my  obligation  of  thanks  for  so  great  a  service.' 

6.  eo  genere  litterarum :  Cicero  alludes  to  his  poem  de 
Consulatu  meo  and  its  sequel  de  Temporibus  meis,  the  latter  in 
three  books  ;  cf.  ad  Fam.  1.  9.  23.     The  Schol.  Vat.  remarks 


that  Cicero  would  have  dohe  wisely  to  omit  this  allusion 
to  his  verses,  qime  mihi  videntur  opera  minus  digna  talis  viri 

7.  esse  videatur  :  on  the  rhythm  of  the  ending  vide  §  4. 

XXXI.  §  75  1.  8.  clamitas,  '  you  keep  shrieking  out,'  a  hit 
at  Laterensis'  delivery ;  cf.  Brut.  §  182,  where  the  clamator  is 
opposed  to  the  orator. 

quo  usque  ista  dicis  ?  '  how  long  are  you  going  to  go  on 
talking  in  that  strain?'  i.e.  trying  to  move  the  feelings  of  the 
jurymen  by  enumerating  the  kindnesses  you  had  received  at 
the  hands  of  the  accused.  dicis  in  a  semi-future  sense  used  to 
add  vividness.  The  words  are  the  words  of  Laterensis,  and 
spoken  with  indignation. 

9.  M.  Cispius  was  plebeian  tribune  in  57  b.c.  when  Cicero 
was  restored  from  exile.  He  exerted  himself  on  Cicero's  behalf, 
and  as  a  result  was  maltreated  by  Clodius'  hired  ruffians.  He 
was  also  accused  by  his  political  opponents  of  amhitus,  and,  in 
spite  of  Cicero's  pathetic  defence  of  him,  was  convicted. 

obsoletae,  'used  up,'  'out  of  date,'  'useless';  the  MS. 
reading  is  absolutae,  of  which  Graevius  said  pathetically  quid  sit 
preces  absolvere  plane  ignoro. 

10.  obicies,  'will  you  bring  up  Cispius'  trial  against  me — 
Cispius  whose  services  to  me  I  first  was  made  aware  of  by  your 
testimony,  and  whom  I  defended  on  your  recommendation  too  ? 
And  will  you  taunt  me  with  your  "how  much  longer?" — me 
whose  efForts  on  Cispius'  behalf  you  admit  were  quite  unsuc- 
cessful ? ' 

15.  invidia,  'invidious  meaning,'  'malicious  import.'  The 
two  meanings  are  (1)  what  Laterensis  really  meant,  'how  long 
will  you  go  on  with  your  pathetic  and  tearful  defences,  seeing 
that  it  does  your  clients  no  good  ?  You  had  much  better  stop '  ; 
(2)  what  Cicero  makes  out  to  have  been  Laterensis'  meaning, 
*  we  are  tired  of  your  tearful  speeches  ;  we  have  been  induced 
by  them  on  several  occasions  to  pardon  defendants  for  your 
sake,  but  we  can't  put  up  with  them  any  longer.'  This  remark 
Cicero  shows  is  unreasonable.  It  could  only  apply  if  it  were 
true  that  his  pathetic  speeches  had  procured  acquittal  for  his 
clients  ;  but,  as  Laterensis  himself  has  said,  in  the  case  of 
Cispius  this  was  not  so. 

datus  est  ille,  *  one  man  has  been  surrendered  to  you '  ;  for 
the  prosopopoeia  cf.  §  12. 

condonatus  est  ille,  '  another  has  been  pardoned  out  of 
respect  for  you,  for  your  prayers. ' 

NOTES  123 

16.  quidem,  'but'  ;  cf.  pro  ScsL  §§  15,  16,  Verr.  2.  4  §  72. 

17.  quod  pro  uno  etc. :  the  antecedent  of  quod  is  id  ;  quod, 
an  internal  semi-cognate  accusative  after  laborarit ;  uno  is 
masculine.  *To  say  to  a  man  who,  after  exerting  himself  on 
one  particular  individuaFs  behalf,  has  failed  entirely  to  gain  his 
object  .  .' 

19.  nisi  forte  :  ironical,  vide  §  71  n. 

his  .  .  hos :  the  jury. 

§  76  1.  23.  lacrimulam :  used  ironically  of  forced  tears, 
*  crocodile's  tears,'  krokodilsthrane,  lagrime  di  coccodrillo.  Late- 
rensis  had  scoffed  at  Cicero's  pathetic  perorations,  of  which  he 
was  so  proud,  vide  Orat.  cc.  37,  38,  and  for  which  Quintilian 
criticises  him.  Cicero  replies  to  Laterensis  that  his  tears  were 
genuine,  not  due  to  mere  rhetorical  artifice. 

24.  verbi,  *your  expression.'  Cicero  objects,  firstly,  because 
they  were  not  'little  tears,'  secondly,  because  the  diminutive 
was  not  part  of  the  vocabulary  of  ordinary  life. 
40  1.  an  ego  .  .  non  signiflcarem :  questions  with  an  must 
be  regarded  as  the  second  clause  of  a  double  question,  the  first 
clause  being  suppressed,  vide  §  53. 

5.  huius  qui  :  i.  e.  Cispius. 

XXXIL  §  77 1.  11.  L.  Racilius  was  plebeian  tribune  in  57  B.c. 
with  Plancius,  entering  on  his  office  lOth  December  of  that  year. 
In  56  B.c.  he  exerted  himself  in  the  interests  of  Cicero  and  the 
senatorial  party  against  Clodius,  who,  when  accused  by  Milo  de 
vi,  became  a  candidate  for  the  aedileship  of  56  b.c.  in  order  to 
make  himself  sacrosanct  and  avoid  the  charge.  The  matter 
was  discussed  in  the  senate  and  promised  to  be  decided  against 
Clodius,  against  whom  both  Kacilius  and  Cicero  spoke  in 
denunciatory  terms.  Clodius'  hired  ruffians  thereupon  raised 
such  a  tumult  that  the  senate  broke  up  in  confusion.  Late- 
rensis  had  mentioned  Racilius  in  order  to  depreciate  the  services 
of  Plancius,  who  certainly  during  his  tribnnate  had  not  exerted 
hiraself  so  strenuously  on  Cicero's  behalf  as  Racilius  ;  although 
Cicero  ad  Q.  Fr.  2.  1  says  Plancius  totus  noster  est,  having 
previously  remarked  de  tribunis  plebis  longe  optimum  Racilium 
hahemus.     Cf.  ad  Q.  Fr.  2.  6. 

14.  prae  me  feram  :  the  two  best  MSS.  T  and  E  read  prae- 
feram;  all  other  codices  read  prae  me  feram,  which  is  prefer- 
able,  diS  praeferre  is  found  only  with  a  substantive  as  object. 

15.  contentiones  .  .  inimicitias  .  .  vitae  dimicationes  : 
an  instance  of  the  rhetorical  figure  climax  {KXifm^,  lit.  'a 
ladder '). 


17.  atque  utinam  etc,  'I  only  wish  that  the  Roman 
people  had  been  allowed  by  the  turbulent  violence  of  certain 
individuals  to  make  a  return  for  his  services  to  me  which  would 
be  in  proportion  to  the  gratitude  I  feel  to  him  for  them.' 
limisset  with  populo  Eomano  ;  ego  antithetical  iopopulo  Romano; 
licuisset  per  as  in  per  me  licet  etc,  'as  far  as  I  am  concerned 
you  may,'  '  1*11  not  prevent  you.'  Historical  allusion  uncertain, 
probably  to  some  candidature  of  Racilius,  possibly  in  55  b.c, 
which  was  unsuccessful  owing  to  some  riot  at  election  time. 

19.  eadem  contendit,  '  exerted  himself  as  strenuously  in 
my  favour,'  i.e.  as  Racilius  did. 

21.  sed  me  etc,  'but  that  I  felt  that  I  ought  to  be  satis- 
fied  with  Racilius'  services  to  me ' ;  i.  e.  Racilius  in  his  tribunate 
had  done  me  such  service  that  I  felt  I  could  not  reasonably  ask 
him  to  do  more  for  me  afterwards  ;  he  had  done  everything  one 
friend  could  expect  from  another. 

§  78  1.  23.  mea  causa  .  .  facturos,  '  espouse  my  cause '  ; 
lit.  '  act  for  my  sake. ' 

quod  .  .  crimineris,  'you  reproach  me  with  being  grate- 
ful,'  i.e.  say  that  I  need  not  be  so  grateful  to  Plancius. 
41  1.  in  monimento  Marii :  i.e.  in  the  temple  o{  Honos  and 
Virtus,  which  was  erected  by  Marius  from  the  booty  acquired 
in  the  Cimbrian  war.  Here  it  was  that  the  senate  met  to 
debate  on  Cicero's  recall,  cf,  pro  Sest.  116 ;  the  senatus  consultum 
is  quoted  in  the  same  speech,  §  128. 

2.  uni  Cn.  Plancio :  certainly  not  by  name.  The  decree 
thanked  all  the  magistrates,  consequently  Plancius,  who  was 
one  of  them,  and  the  only  one  of  them  who  had  interested 
himself  on  Cicero's  behalf. 

6.  atque  haec  cum  vides  etc  :  the  sense  is  'when  you 
see  how  grateful  I  am  to  Plancius,  who  you  say  had  done  me  no 
service,  how  grateful  must  I  be  to  you,  Laterensis,  who  have 
undoubtedly  been  a  true  friend  of  mine  ? ' 

9.  defugerem  seeras  to  suit  Cicero's  meaning  better  than 
defugerim,  which  is  the  reading  of  the  best  MSS. 

11.  abhorret  a  virtute,  'wretched  is  a  word  incompatible 
with  manly  virtue.'  Book  v.  of  the  Tusculan  Disputations  is 
devoted  to  the  axiom  virtutem  ad  beate  vivendum  se  ipsa  esse 
contentam;  cf.  Paradoxa  2  §  19.  The  Stoics  especially  held 
that  a  man  possessed  of  virtus — a  combination  of  manliness  and 
righteousness — could  not  be  miser. 

12.  exercitus,  'worried,'  'harassed'  ;  cf.  pro  Mil.  §  5  quid 
n^his  duohus  .  .  magis  exercitum. 

NOTES  125 

leve  .  .  onus :  oxymoron. 

13.  onus  beneflcii,  *the  obligation  imposed  by  a  service 
received.'  In  tlie  MSS.  these  words  are  followed  by  gratia, 
which  probably  crept  in  from  some  gloss. 

concurrunt,  'meet,'  'clash,'  each  party  in  the  quarrels 
applying  to  Cicero  for  sympathy. 

14.  propterea:  M&^.  propter ;  other  conjectures  propriae, 
conturbor  propter,  permuUorum  etc. 

§  79  1.  19.  cuiusque  tempus,  'each  one's  circumstances.' 
XXXIII.  agitur,  'youhave  at  stake  the  fulfilment  or  non- 
fiilfilment  of  your  desires  (to  triumph  over  Plancius),  or  if  you 
will  have  it  so,  something  more,  your  reputation  and  the  credit 
you  might  gain  from  the  aedileship  .  .' 

23.  dispari :  because  the  loss  of  the  suit  would  bring  exile 
to  Plancius,  whilst  to  Laterensis  it  meant  only  frustration  of 
his  wishes  {studium). 

24.  me  dius  :  sc.  adiuvet,  vide  §  9  n. 

25.  abiecero  differs  from  ahiciam  only  in  expressing  the 
action  as  more  sudden  ;  cf.  Plautus  passim. 

42       §  80  I.  2.    merentes  .  .  meminerunt  .  .  meritam  .  . 
memori  mente  :  alliteration  and  paronomasia. 

§  81  1.  8.  educatores,  '  those  who  brought  him  up, '  '  his 
foster-fathers,'  cf.  de  Nat.  Deor.  2  §  86. 

11.  cuius  opes,  'who  can  possess,  who  ever  did  possess, 
such  resources  as  to  be  able  to  stand  without  the  good  services 
of  numberless  friends — services  which  assuredly  can  never  come 
into  existence  if  you  are  to  do  away  with  memory  and  gratitude?' 

14.  tam  proprium  hominis,  'so  characteristic  of  true 
humanity  as  the  bond  which  is  knit  not  merely  by  good  service 
given  but  by  goodwill  intimated.' 

17.  committere  :  lit.  to  allow  a  thing  to  happen,  here  'to 
allow  oneself  to  appear  .  .  outdone  by  the  magnitude  of  the 

§82  I.  19.  crimini,  'your  charge'  that  I  show  gratitude, 
'  and  that  I  in  that  very  habit '  of  showing  gratitude  *  have 
been  intemperate.' 

21.  eum :  i.e.  me,  Cicero. 

22.  beneflcio:  i.e.  the  acquittal  of  Plancius. 
qui :  Laterensis. 

23.  dicat :  why  subjunctive  ?  Amixtureof  twoconstructions, 


'syntactical  contamination.'  The  writer  might  say  (1)  quod 
gratum  .  .  esse  dicit,  an  ordinary  causal  sentence  ;  (2)  qicod 
nimium  gratus  sit,  virtually  suboblique.  The  two  expressions 
are  contaminated,  with  as  result  the  sentence  in  the  text ;  cf. 
Cicero's  literas  quas  misisse  diceret  recitavit  from  (1)  quas 
misisse  dicebat,  (2)  quas  misisset ;  cf.  Verr.  3  §  134,  cle  Off.  1. 
13.  40,  Verr.  2  §§  36,  113,  de  Fin.  1.  7.  24,  Briit.  §  276  etc. 
This  principle  of  syntactical  contamination — 'the  process  by 
which  two  synonymous  forms  of  expression  force  themselves 
simultaneously  into  consciousness  so  that  neither  of  the  two 
makes  its  influence  felt  simply  and  purely  ;  a  new  form  arises 
in  which  elements  of  the  one  mingle  with  elements  of  the  other ' 
— is  of  very  wide  influence  in  every  language,  cf.  Plato  roSe,  ws 
oXfiaL,  avayKaioTaTov  elvai,  Shakespeare  Romeo  and  Juliet  i.  5. 
133  'marry,  that,  I  think,  be  young  Petruchio.'  Similarly  das 
gehort  inein,  from  gehort  mir  and  ist  mein,  '  I  am  friends  with 
him, '  from '  I  am  friendly '  and  '  we  are  friends ' ;  poenarumsolvendi 
tempus  Lucr.,  from  poenas  solvendi  and  poenarum  solvendarum 
etc.  etc.  Cf.  on  the  whole  subject  Paul  Principles  of  Language 
(trans.  Strong)  ch.  viii.  pp.  160-173,  Drager  H.  S.  §  537,  G. 
Middleton  Syntactical  Contamination. 

24.  neque  enim  introduces  an  example,  'for,  to  give  an 

25.  nec  nocentes  etc.  :  Laterensis  had  said  '  Cicero  only 
shows  thanks  to  those  who  need  his  aid  in  the  law-courts  ;  the 
only  people  who  need  such  aid  are  7iocentes  or  litigiosi :  so  you 
gentlemen  of  the  jury  can  neglect  Cicero's  thanks  as  you  are 
not  nocentes  or  litigiosi,  and  so  will  never  give  him  the 
opportunity  of  showing  thanks.' 

26.  quasi  vero  :  as  in  §§  61,  62,  to  introduce  a  reductio  ad 

43       XXXIV.  §  83  1.  4.  sed  =  5'  odv,  'be  that  as  it  may,'  marks 

revocatio  ex  degressione. 

nescio  quo  modo  frequenter,  'most  astonishingly  (not 
to  say  needlessly)  often. ' 

5.  aajxe  =  valde. 

creber,  '  and  have  always  returned  to  this  topic '  ;  cf.  ad  Att. 
1.  19.  1  m  scrihendo  crebrior,  so  frequ^ns,  multu^,  totus  esse  in 
aliqua  re. 

in  ludos  etc.  :  the  exact  point  of  Cicero's  ironical  reply  is 
uncertain.  The  prosecution  and  defence  of  Plancius  took  place 
during  the  Ludi  Romani,  4th-20th  September,  in  fact  on 
5th    September.      Cicero   in    defending   certain    aediles   on    a 

NOTES  127 

previous  occasion  during  the  games  made  capital  out  of  the 
religious  ceremonies,  especially  the  processions  of  state-cars  with 
the  statues  of  gods  on  them,  to  stir  up  sympathy  for  his  clients 
by  appeals  to  these  divinities,  or  perhaps  pointing  out  that  it 
was  to  the  aediles  that  the  public  were  indebted  for  this  glorious 
pageant ;  Laterensis  in  bitter  irony  had  said  that  he  had  done 
his  best  to  prevent  the  trial  coming  on  during  the  Ludi  ;  Cicero 
answers  irony  with  irony  that  certainly  the  trial  was  taking 
place  during  their  celebration,  but  they  were  useless  to  him,  as 
Laterensis  had  betrayed  his  oratorical  device  and  he  could  not 
novv  make  any  allusion  to  the  gods  in  the  procession  '  sine  tensis 
quid  potero  dicere  ? '  A  recent  scholar  (G.  Rauschen)  is,  however, 
of  opinion  that  the  Planciana  was  delivered  before  the  pro 
Scauro,  i.e.  before  2nd  September  54  ;   but  this  seems  unlikely. 

7.  tensis  {drjaar}  Plut.  Cor.  25)  :  the  procession-cars  inlaid 
with  silver  and  ivory  on  which  the  statues  of  the  gods  were 
borne  from  the  Forum  to  the  Circus  Maximus. 

8.  nonnihil  egisti,  'you  have  been  to  a  certain  extent 
successful,'  'you  scored  a  point,'  the  opposite  of  the  phrase 
nihil  agere  of  lost  labour. 

12.  mea  lege :  i.e.  the  lex  Tullia  de  amhitu,  by  which 
illegal  canvassing  was  to  be  punished  by  ten  years'  exile,  cf.  pro 
Sest.  ch.  5. 

miserabiliores,  *  more  affecting  perorations '  ;  for  other 
adjectives  in  -bilis  used  transitively  cf.  dissociabilis  Hor., 
penetrabilis  Verg.,  genitabilis  Lucr.  etc.  ;  vide  Lucr.  1.  11  with 
Monro's  note.  Cicero  recommends  appeals  to  emotion  in  de  Or. 
2  §  332  ;  cf.  de  Inv.  1  §  106,  Part.  Orat.  §§  15,  56. 

14.  declamatore,  'a  noisy  braggart,'  cf.  Orat.  §  47,  imply- 
ing  a  want  of  training  and  refined  taste  ;  to  such  Cicero  always 
opposes  himself  as  the  well-trained,  experienced,  refined  speaker  ; 
cf.  Brut.  §  308. 

laboris  et  fori  =forensis  laboris. 

§  84  1.  15.  Rhodi  etc.  :  the  witticism  is  not  clear  owing  to 
our  ignorance  of  what  Laterensis  had  really  said.  The  data  are 
these  :  Cicero  had  spent  the  year  78-77  at  Rhodes  under  the 
rhetorician  Apollonius  ;  Laterensis  had  served  in  Bithynia,  the 
capital  of  which  was  Nicaea  (Isnik),  in  the  Mithradatic  war, 
74-65  B.c.  Laterensis  seems  to  have  said  :  You,  Cicero,  are  an 
orator,  I  am  not ;  you  were  attending  lectures  at  Rhodes,  whilst 
I  was  fighting  in  Bithynia  ;  you  were  learning  the  useless 
artificialities  of  rhetoric  and  philosophy,  I  was  learning  to  defend 
the  name  and   dignity  of  Rome.     Cicero  scoffingly  takes   iii 


Bithynia  as  if  Laterensis  had  been  there  to  study  oratory,  add- 
ing,  I  thought  he  was  going  to  say  in  Vaccaeis,  i.e.  among  a 
people  utterly  devoid  of  any  knowledge  of  refined  speaking — 
a  hit  at  Laterensis'  rough  unpolished  style.  The  objection  to 
this  is  that  to  give  the  jest  point  we  must  imagine  that 
Laterensis  had  been  in  some  way  connected  with  the  Vaccaei 
(a  tribe  of  Hispania  Tarraconensis,  occupying  country  round 
Zamora  and  Salamanca),  but  of  any  such  relations  we  know 
nothing.  Niebuhr  conjectured  Barcaeis,  i.e.  from  Barca  near 
Cyrene,  where  Laterensis  held  a  military  office  for  some  time. 
For  a  joke  on  similar  lines  cf.  Div.  Q.  Caec.  §  39,  ad  Fam.  7. 
2.  A  second  explanation  is  to  regard  severus  as  the  key-word. 
Laterensis  may  have  said  that  the  life  at  Rhodes  was  minus 
severa  ;  the  Vaccaei  are  then  quoted  as  a  people  whose  life  was 
necessarily  severa. 

17.  locus,  '  if  the  question  of  locality  can  give  any  handle 
to  criticisra,'  cf.  de  Sen.  §  59. 

19.  causa :  the  reason  of  our  respective  sojourns. 

20.  Rhodi :  it  was  here  and  in  several  Asiatic  towns  that 
Cicero  studied  under  Menippus  of  Stratonicea,  Xenocles  of 
Adramyttium,  Aeschylus  of  Cnidus,  Dionysius  of  Magnesia, 
and  especially  Molo  (probably  the  same  as  ApoUonius  mentioned 
above)  and  Posidonius,  Under  Molo  Cicero  acquired  his  so- 
called  Rhodian  style  of  oratory,  i.e.  a  compromise  between  the 
extravagant  flamboyancy  of  the  Asiatic  writers  and  the  bald 
simplicity  of  the  Attics ;  cf.  Brut  316,  pro  Boscio,  Landgraf 's 
Introd.  p.  120  f. 

24.  diligentia :  ironical ;  the  scrnpulousness  which  only 
consents  to  defend  the  innocent  betrays  the  inability  to  defend 
the  guilty. 

causis  ponderandis  :  temporal ;  we  expect  in  causis  ponde- 
randis,  very  nearly  the  same  as  causis  ponderatis,  abl.  abs.  ;  cf. 
C.  F.W.  Miiller  on  de  Off.  1.  5,  the  only  other  instance  in  Cicero, 
qui  nullis  .  .  praeceptis  tradendis  philosophum  se  audeat  dicere, 
where  he  says  'the  ablative  of  the  gerundive  occurs  twice  in 
Cicero  used  as  an  abl.  abs.'  In  Livy  and  Tacitus  the  con- 
struction  is  a  little  less  uncommon  ;  in  Caesar,  Nepos,  and 
Sallust  it  does  not  occur. 

§  85  1.  26.  in  Creta :  Laterensis  had  probably  served  hero' 

as  legate. 

44       1.  dictum  aliquod,   'that  a  good  joke  might  have  been 

made  on  your  candidature,  but  I  missed  it '  ;  the  joke  was  a 

pun  on  creta,  chalk  used  to  whiten  the  togas  of  candidati;  cf. 

NOTES  129 

Pers.  5.  155  cretata  amhitio,  so  Livy  4.  25,  Introd.  §  20.  A 
similar  pun  in ^ro  Mur.  §  49  as  emended  by  Madvig,  cretae  ipsae 
candidatorum.  For  dictum—-\v\tt\Q\sm,  bon  mot,  cf.  de  Or.  2. 
54.  222,  Quint.  6.  32,  Cic.  Fhil.  2.  17.  42. 

5,  aliquem :  Pompey,  to  whom  Cicero  sent  a  bombastic 
and  voluminous  letter  giving  an  account  of  the  saving  of  the 
state  by  Cicero  from  the  Catilinarians  ;  Pompey  left  it  un- 
answered,  an  insult  which  Cicero  never  forgave  ;  cf.  ad  Fam. 
5.  7.  3  (letter  to  Pompey),  j)i'o  Sulla  67. 

XXXV.  §  86  1.  9.  discessum,  '  withdrawal ' ;  Cicero  never 
talks  of  it  a.sfuga. 

11.  me  auxilio  defuisse,  'that  I  refused  to  avail  myself  of 
assistance '  olfered  by  the  equites,  the  whole  of  Italy,  and  all 
true  patriots. 

14.  tempestas :  for  the  metaphor  cf.  Catil.  1.  9.  22  video 
quanta  tempestas  invidiae,  pro  Sest.  47.  101  periculi  tcmpestas, 
in  Fis.  36.  89  tempestas  querellarum. 

15.  tribunicius  terror,  'fear  of  the  tribune '  Clodius,  who 
held  the  tribunate  in  58  b.c. 

consularis  furor,  '  the  mad  rage  of  the  consuls '  of  58  b.c. — 
L.  Calpurnius  Piso  Caesoninus  and  A.  Gabinius  ;  cf.  in  Fis. 

16.  magnum  fuit,  'it  would  have  been  a  hard  task,'  cf. 
Acad.  1  §  6,  pi-o  Deiot.  §  19,  Verr.  4.  53  ;  cf.  infra  §  88  init. 

fuisse  praeclarum.  In  phrases  expressing  possibility  or  neces- 
sity  the  indicative  is  used  in  Latin  where  we  use  a  potential, 
in  order  to  emphasise  the  reality  of  the  statement,  to  statc  the 
absolute  existence  of  the  possibility  or  necessity.  These  clauses 
are  nearly  always  impersonal.  Cic.  de  Off.  1.  14.  44  aequius 
est,  ib.  1.  9.  28  aequius  erat,  both  used  of  the  present,  just  as 
'iSei  in  Greek.  longum  est  occurs  very  commonly,  '  it  were  too 
long  a  tale  .  .'  Cicero  almost  always  (Drager  gives  one  ex- 
ception,  de  Sen.  23.  82)  in  these  phrases  uses  the  indieative  ; 
Tacitus  and  later  writers  often  the  subjunctive,  e.g.  longum 
fuerit  Tac.  Hist.  2.  2 ;  vide  Drager  §  145  p.  303,  Roby  1535. 

19.  illa  principia,  'their  first  acts  on  entering  on  their 
consulship. ' 

20.  perdidit :  lost  by  his  culpable  negligence  ;  omittere  is 
to  lose  inadvertently.  Piso  led  a  large  force  in  Macedonia,  but 
by  bad  generalship  lost  a  large  portion  of  it,  disbanding  the 
remainder  on  his  own  responsibility  ;  cf.  ad  Q.  Fr.  3.  1.  7. 

vendidit :  Gabinius  in  55  b.c,  without  the  consent  of  the 


senate,  restored  King  Ptolemy  to  his  throne,  and  received  for 
doing  so  1000  talents  ;  cf.  jpro  Rah.  Post.  §  19,  in  Pis.  §  48. 

21.  emptis :  purchased  from  Clodius,  who  had  sufficient 
command  of  the  popular  vote  to  allot  provinces — the  duty  of 
the  senate  ;  cf.  pro  Sest.  §  24. 

22.  qui  exercitu  etc,  '  since  no  one  knew  the  real  attitude 
of  the  three  men  who  by  means  respectively  of  tlieir  troops, 
railitary  prestige,  and  wealth  were  the  leading  spirits  at  Rome, 
that  fury's  voice  in  accents  womanish  from  unholy  debauchery 
at  most  sacred  shrines,  to  our  bitter  indignation,  kept  bawling 
out  that  these  three,  as  well  as  the  two  consuls,  were  on  his 
side.'  qui  .  .  exercitu,  Caesar,  who  was  in  command  of  the 
troops  as  proconsul  in  Gaul.  armis,  Pompey,  whose  military 
successes  had  given  him  considerable  influence.  opihus,  i.e. 
Crassus,  cf.  pro  Sest.  ch.  xvii.  vox,  i.e.  Clodius,  who  in  62  b.c, 
disguised  in  women's  clothes,  was  present  at  the  ceremonies  of 
the  Bona  Dea  which  were  being  celebrated  at  Caesar's  house  ;  his 
object  was  to  further  an  intrigue  with  Pompeia,  Caesar's  wife, 
daughter  of  Q.  Pompeius  Rufus. 

45       §87  1.  3.  Sit  =  atenim. 

erat  mecum,  *  was  on  my  side '  ;  esse  cum  aliquo  =facere 
cum  aliquo  or  stare  a  partibus  alicuius,  stare  ab  aliquo. 

veste  mutata,  *in  mourning,'  cf.  §  29  ;  a  decree  of  the 
consuls  forbade  this  {indicia  luctus  ademerint  infra). 

9.  in  contionibus :  Cicero  alludes  to  his  friend  L.  Aelius 
Lamia,  wlio  ventured  to  defend  him,  and  was  exiled  by  Gabinius 
the  consul,  cf.  pro  Sest.  §  29,  in  Pis.  §  64.  This  Gabinius  is 
called  by  Cicero  saltator  Catilinae  *  Catiline's  dancing  buifoon,'  on 
grounds  of  personal  enmity,  cf.  Catil.  2  §  23,  in  Pis.  §§  18,  22  etc. 

XXXVI.  13.  auxiliis  studentibus,  '  enthusiastic  and  eager 
allies '  ;  abstract  for  concrete. 

14.  inre,  'in  courts  of  law.' 

16.  quo  etc,  'my  powers  of  oratory,  the  benelits  of  wliich 
so  many  have  enjoyed  to  tbe  fuU  .  .'  ;  cf.  de  Fin.  2.  63  abun- 
dare  =  not  only  to  possess  in  abundance,  but  to  enjoy  to  the 

17.  armis  .  .  armis  :  for  tlie  repetition  (gemiiiatio)  vide 
§  11  n. 

§  88  1.  21.  fuisse  ■pr&eclavum  =futurum  fiiisse,  in  or. 
Tect.  =fuit  praeclarum,  vide  §  86  magnumfuit,  n. 

23.  L.  Opimius:  cf.  §  69.  Consul  with  Q.  Fab.  Max. 
AUobrogicus  in  121  b.c,  the  year  of  C.  Gracchus'  murder. 

NOTES  131 

C.  Marius :  consul  for  the  sixth  time  with  L.  Yalerius 
Flaccus  in  100  b.C,  iu  which  year  they  brought  about  the  fall 
of  Saturninus.     Cf.  jpro  Ilah.  §  20,  Catil.  1  §  4. 

25.  armatis  :  antithetical  to  j?rim^MS. 

26.  P.  Mucius  Scaevola  was  consul  with  L.  Calpurnins 
Frugi  in  133  b.c,  the  year  of  Tib.  Grarchus'  revohition,  in 
which,  however,  he  took  no  active  part.  He  was  best  known  as 
a  iuHs-consultus.     Cf.  de  Or.  1  §  212,  dc  Off.  2  §  47. 

27.  Scipio  =  PubL  Cornelius  Publi  filius  Publi  nepos  Scipio 
Nasica  Seiapio,  for  whom  see  §  51  n. 

30.  adversarios  :  Clodius  and  his  hired  ruffians,  the  two 
consuls,  Piso  and  Gabinius,  and  the  triumvirs,  Caesar,  Pompey, 
and  Crassus. 
45  §  89  1.  6.  Q.  Metellus  Numidicus,  whose  vohmtary  with- 
drawal  from  the  city  in  100  b.c,  rather  than  swear  to  Satur- 
ninus'  agrarian  law,  Cicero  often  compares  to  his  own  discessus  ; 
cL  §§  69,  79,  pro  Scst.  §§  37,  101  etc. 

10.  suum  factum :  his  refusal  to  swear  to  the  law  of 
Saturninus.  suum,  because  he  was  the  only  senator  who 

11.  cum  .  .  retinuisset,  'although  he  refused  to  give 
up  .  .' 

14.  triumphos :  the  Fasti  give  fifteen  triumphs  obtained 
by  the  Metelli. 

XXXVn.  §  90  \.  23.  vellem :  Cicero  does  not  refute  the 
charge  of  cowardice,  he  merely  adduces  the  following  rhetori- 
cal  argument :  a  mors  voluntaria  has  as  its  reward  immortalitas  ; 
to  seek  such  a  death,  if  detrimental  to  the  state,  is  wrong  ;  it  is 
much  more  so  to  court  a  death  which  may  harm  the  state  with- 
out  being  sure  of  the  immortalitas. — Kopke. 

24.  ediderunt,  '  breathed  out ' ;  cf.  animam,  spiritum  edcre. 

27.  impiorum :  Clodius  and  his  rabble,  who  are  impii 
because  they  resisted  a  pater  patriae. 

29.  natura  ipsa :  here  opposed  to  vis  morhi  =  a  natural 
deatli,  but  sudden,  not  the  result  of  any  preceding  disease.  It 
cannot  refer  to  a  death  from  old  age,  as  Cicero  was  only  fifty- 
two  years  old  at  the  time. 

30,  tamen  etc,  'yet  the  popsibilities  of  assistance  for  the 
state  in  time  to  come  would  have  been  lessened,  since  by  my 
death  the  precedent  of  how  the  senate  and  Roman  people  were 
destined  to  behave  towards  nie  would  have  been  destroyed.' 


47  2.  in  retinendo :    for  tlie   details   of  Cicero'3  recall   vide 
Introd.  §  12. 

4,  mense  Decembri :  the  envoys  of  the  Allobroges  were 
arrested  on  the  night  of  3rd  December  63  b.c.  On  the  oth 
of  December  Cicero  delivered  his  fourth  speech  against  the 
Catilinarians  (^ad  Att.  1.  19.  16,  14),  who  were  executed  the 
same  day. 

6.  aliorum  :  Junius  Silanus  and  Licinius  Murena,  consuls 
in  62  B.C. 

§  91  1.  10.  nam  quod :  elliptical,  introducing  a  new  topic  ; 
it  has  reference  to  an  objection  made  by  the  opponent  (hence  it 
is  a  formula  occupationis),  '  I  have  had  to  go  into  this  fully 
because  .   .' 

12.  negasti :  that  I  still  have  liberty  of  action,  liberum 
csse,  i.e.  that  I  have  not  got  myself  entangled  in  such  a  net- 
work  of  obligations  to  all  the  leading  politicians  as  not  to  know 
which  way  to  turn.  Laterensis'  criticism  was  just,  as  Cicero  him- 
self  shows,  ad  Att.  4.  6.  1,  ad  Q.  Fr.  3.  1.  7,  where  he  complains 
mcum  non  modo  animum  sed  ne  odium  quidem  esse  liherum. 
These  words  Cicero  wrote  in  54  b.c,  the  year  that  he  defended 
Plancius  ;  cf.  Introd.  §  13. 

XXXVIII.  16.  primum  etc.  :  Cicero  says  Svhatever  I  do 
I  cannot  satisfy  Laterensis  ;  if  I  make  new  friends,  he  calls  me 
fickle  and  Avanting  in  independence  ;  if  I  show  gratitude  to 
my  old  friends  {hene  de  me  meritis),  he  says  I  ara  ueedlessly 
grateful. ' 

17.  non  desino,  '  I  am  continually  being  charged  with 
being  needlessly  grateful,'  lif.  'I  do  not  cease  to  incur  the 
accusation '  etc.  desino  is  the  reading  of  the  MSS.  ;  several 
editors  prefer  dehco. 

21.  ruere,  'to  be  heedless,  rash,  in  my  actious ' ;  cf.  Phil. 
3  §31. 

boni  viri,  'patriots,'  &\mos,i  =  optimates  ;  cf.  §  1. 

ut  id  ne  facerem,  '  that  I  should  not  for  a  moment  think  of 
doing  so. '  ttt  ne  denotes  the  injunction  or  purpose  as  positive, 
express  ;  cf.  Reisig-Haase  p.  580. 

§  92  1.  22.  res  publica  .  .  loqui :  for  the  prosopopoeia  cf. 

23.  ut  .  .  ut :  repeated  for  the  sake  of  clearness. 

48  2.  meis :  masculine,  'my  friendb.' 

§  93  1.  4.  quid  ?  '  what  ? '  '  how  ? '  continuing  the  ex- 

NOTES  133 

5.  idem  sum  etc.  :  in  ad  Fam.  1.  9  §  17  Cicero  uses  the 
same  argiiinent  to  clcar  himself  of  inconsistency,  adding  that 
the  characteristics  of  political  parties  change,  and  the  patriotic 
politician  must  change  accordingly. 

6.  requires,  '  you  will  miss '  ;  cf.  desiderare,  irodeiv. 

9.  in  orbe  aliquo  .  .  ,  '  as  if  on  a  sort  of  wheel  in  political 
matters '  ;  cf.  ad  Att.  9  §  1  for  the  metaphor. 

XXXIX.  12.  Pompeium  etc.  :  Laterensis  had  urged  that 
Cicero  should  abide  by  his  friendships  and  his  enmities ; 
Cicero  takes  two  important  statesmen  and  explains  his  relation 
to  each.  Pompey  had  shown  himself  in  favour  of  Cicero's 
lecall,  although  in  58  b.c.  he  did  nothing  to  prevent  his 
discessus.  He  had  also  been  the  means  of  reconciling  Cicero 
and  Caesar.  On  Cicero's  relation  to  Pompey  vide  pro  Hab.  Post. 
§  33,  ad  Fam.  1.  9,  in  Pis.  §  76. 

16.  tuear,  'support.' 

17.  C.  Caesaris :  although  Caesar  in  58  b.c.  had  been,  through 
his  agent  Clodius,  indirectly  responsible  for  Cicero's  banish- 
ment,  yet  frora  56-54  they  stood  on  very  friendly  terms  ;  cf.  their 
correspondence,  ad  Fam.  5.  9.  Caesar  in  fact  had  decided  that 
Cicero's  brains  miglit  be  of  use  to  him  ;  he  Avas  anxious  in  Gaul 
to  allow  his  plans  time  to  mature,  and  not  to  be  compelled  to 
join  in  civil  war  too  soon  by  a  combination  of  Pompey  and  the 
Optimates  ;  cf.  de  prov.  cons.  §  18,  pro  Balh.  §  61,  in  Pis.  79. 

18.  populi  Romani  .  .  senatus  iudiciis,  '  by  the  number- 
less  decisions  of  the  Roman  people  and  the  senate  ! '  In  59  b.c,  by 
the  lex  Vatinia,  the  comitia  trihuta  conferred  on  Caesar  for  five 
years  the  command  in  Illyricum  and  Cisalpine  Gaul  with  seven 
legions.  The  senate  then  spontaneously  added  Gallia  Comata 
(Narbonensis)  and  another  legion.  In  57,  on  Cicero's  proposal, 
it  decreed  for  him  supplicationem  quindecim  dierum,  and  in  the 
year  55  extended  his  command  in  Gaul  ;  cf.  deprov.  cons.  §  26, 
pro  Balh.  §  61. 

19.  iudiciis  :  decisions  at  the  comitia. 

20.  iudicium,  'judgment,'  '  discernment.'  Cicero  seems  to 
be  playing  on  the  difFerent  meanings  of  the  word. 

21.  hominibus,  'individuals.' 

§  94  h  23.  secundis  ventis,  '  with  favourable  wind';  cf. 
Plaut.  Stich.  2.  2.  45,  Caes.  B.  G.  4.  23,  Hor.  Od.  2.  10.  23. 
secumlus  from  sequor  =  *  secutno- ;  cf.  pando=*patno,  unda  = 
{v8u}p,  vdn-Tos). 

25.  cum  tempestate,  '  with  the  elemeuts '  ;  cf.  pro  Balh. 



§  61  neque  esse  inconstantis  puto  sententiam-  ianqucim  aliquod 
navigium  .  .  ex  re  puhlica  moderari  '  to  regiilate  my  opinions 
by  the  condition  of  the  political  weather.' 

27.  ego  vero  etc,  'all  that  I  have  learned,  witnessed,  or 
read,  all  that  has  been  put  on  record  by  the  wisest  and  rnost 
illustrious  men,  both  in  our  state  and  in  other  political  com- 
munities,  has  taught  me  that  the  same  man  is  not  always  to 
defend  the  same  opinions,  but  rather  those  which  the  position 
of  the  state,  the  bias  of  the  times,  and  the  interests  of  peace 
may  require.'  For  the  sentiment  cf,  the  extract  in  the  preceding 
note.  '  Cicero  was  deficient  not  in  honesty  but  in  moral  courage  ; 
much  too  of  his  inconsistency  can  be  traced  to  his  professional 
habits  as  a  pleader,  which  led  him  to  introduce  the  licence  of 
the  Forum  into  deliberative  discussions  and  (however  inexcus- 
ably)  even  into  his  correspondence  with  his  friends.  .  .  Although 
he  was  perfectly  aware  of  what  was  philosophically  upright  .  . 
hft  was  apt  to  fancy  that  the  circumstances  of  his  case  con- 
stituted  it  an  exception  to  the  broad  principles  of  duty.' — 
J.  H.  Newman. 

49  XL.  §  95  1.  7.  nunc  venio  ad :  common  formula  of 
transitio ;  cf.  nunc  dicamus  de,  nunc  exponamus,  videamus 
nunc  etc. 

8.  arcum  facere  e  cloaca  :  lit.  '  to  make  a  triumphal  arch 
out  of  a  sewer,'  '  to  make  a  mountain  out  of  a  molehill,'  'aus 
eine  MiLcke  einen  Elephanten  machen.'  Cf.  Ov.  Pont.  2.  5.  22 
e  rivo  flumina  magnafacis,  poetical  fragment  in  Cic.  pro  Cael. 
§  36  quid  cldmorem  exorsa  verhis  pdrvam  rem  magndm  facis  ? 
On  the  justice  of  Laterensis'  criticism  vide  Introd.  §  13. 

11.  temporis  rationem :  i.e.  the  time  immediately  preced- 
ing  his  banishment,  and  the  first  few  months  of  his  enforced 
absence  from  Rome  ;  Cicero  usually  talks  of  this  period  as 
tcmpora  mea  (cf.  §  1),  his  period  of  misfortune,  qxijO  insidiarum 
periculum  et  mortis  fuit. 

15.  incendio :  metaphorically,  '  that  conflagration  which 
threatened  to  destroy  the  laws  .  .'  ardor  below  =  the  glowing 
fire,  out  of  which  a  new  conflagration  and  destruction  of  property 
{deflagratio)  may  arise. 

16.  domus  :  in  58  B.c.  Cicero's  house  on  the  Palatine  was 
sacked  and  burned,  as  also  were  his  villas  at  Formiae  and 
Tusculum  ;  cf.  pro  Sest.  ch.  24. 

18.  petivi  animo,  'I  intended  to  go  to  8ici\y, '  —2)roflcisci  in 
animo  habui. 

NOTES  135 

19.  sicut  domus  mea  :  i.e.  owing  to  his  brilliant  quaestor- 
ship  at  LilyLaeum  ;  cf.  §  64,  Fcrr.  5  §  55. 

C.  Vergilius  was  praetor  in  Sicily  in  60  b.c,  in  58  pro- 
praetor  there  ;  cf.  lutrod.  §  12. 

20.  vetustas,  *long-standing  acquaintance,'  opposed  to 
novitaics,  newly-formed  acquaintances ;  cf.  pro  Cacl.  §  68,  ad 
Fam.  11.  27.  2. 

21.  fratris  colleg-ia,  *  the  fact  that  he  had  been  a  coUeague 
of  my  brother.'  Quiutus  Cicero  and  Vergilius  had  been  aediles 
together  in  65  b.c,  praetors  in  62. 

§  96  1.  22.  caliginem :  for  similar  metaphors  of  a  dark 
political  outlook  cf.  nox  and  tenehrae,  de  prov.  cons.  §  43.  The 
opposites  are  licx  and  sol ;  cf.  Bosc.  Am.  §  91,  SeyfFert-Miiller 
Lael.  p.  324. 

23.  praetor  :  strictly  propraetor. 

24.  tribimi :  Clodius. 

25.  nihil  amplius  dico  :  aTr oanloir-rjaLs.  The  reason  of  Ver- 
gilius'  refusal  is  given  in  ad  Att.  3.  4.  News  reached  Vibo 
that  the  lcx  Clodia  had  been  amended,  with  the  result  that 
Cicero  was  not  to  stay  within  400  miles  of  Rome ;  he  had  in 
consequence  to  go  to  Asia. 

6.  Vibone  :  Viho  —  the  Greek  town  Hippo,  now  Monteleone, 
on  the  west  coast  of  Bruttium. 

Brundisium  :  now  Brindisi  in  Calabria,  on  the  coast  of  the 
Adriatic.  It  was  the  terminus  of  the  Via  Appia,  and  the  usual 
port  for  travellers  to  Greece. 

XLI.  §  97  1.  9.  in  flde  mea  :  fidc  h.ere  =  tutcla  or  defensio, 
'regarded  me  as  their  protector,'  'owed  me  allegiance.'  This 
could  come  about  only  by  the  towns  having  at  some  previous 
period  definitely  entrusted  themselves  to  Cicero's  clientela  or 
patrocinium—\.e.  Cicero  was  bound  to  represent  their  interests 
in  Rome,  and  they  in  return  to  give  him  what  service  he 
needed  ;  cf.  Caes.  B.  G.  2.  14,  B.  C.  1.  34,  pro  Scst.  §  131,  ad 
Fam.  14.  1,  3 

12.  unam  .  .  amicissimam,  '  pre-eminently  well-disposed.' 
14.  hortos :   lit.  a  pleasure-garden,   as  distinct  from  hortus 
a  kitchen  -  garden  ;   here  =  *  country   house  '   surrounded   with 
extensive  grounds. 

Flacci :  M.  Laenius  Flaccus  is  mentioned  ad  Att.  5.  20.  8 
as  a  friend  of  Atticus.  Cicero  stopped  with  him  for  thirteen 
days  ;  cf.  ad  Fam.  14.  4,  pro  Sest.  131. 

136         CICERCS  oration  for  tlancius 

omnis  metus,  '  intimidation  of  every  kind.' 
15.  publicatio  etc.  :  as  threatened  by  the  lex  Clodia  to  any 
who  harboured  Cicero  within  400  miles  of  Ronie. 

20.  exaudiens,  'hearing  in  the  distance,'  i.e.  as  they 
sailed  from  Brundisium. 

Dyrrachium  :  in  Epirus,  the  port  to  which  most  travellers 
to  Greece  sailed  from  Brundisium. 

§  98  1.  22.  refertam  .  .  hominum :  i.e.  the  scattered 
Catilinarians  ;  cf.  ad  Att.  3.  7.  9.  The  genitive  with  verha 
abuTidandi  is  less  common  than  the  ablative,  and  is  said  to  be 
used  when  speaking  oilargc  numbers ;  cf.  de  Or.  2  §  154  referta 
.  .  Pijthagoreorum,  ad  Att.  8.  1.  S  urhem  .  .  re/ertam  .  .  locu- 
pletium.     Cf.  Madvig  L.  G.  §  286  n.  1. 

23.  ferrum  ignesque  pestiferos  :  the  main  features  of  the 
Catilinarian  programme,  hence  Cicero's  formal  enumeration  of 

29.  conflteareque :  Cicero  rarely  uses  que  after  a  short  e ; 
cf.  pro  Caecina  23.  64  sine  scutis  sineque  ferro. 
51       2.  nam,  '  I  repeat,'  '  well  then '  ;  nam,  resumptive,  serves 
here  to  introduce  again  the  subject  of  the  main  sentence  after  a 

4.  veste  mutata  :  he  laid  aside  the  toga  praetexta  (implied 
in  insignihus)  and  put  on  mourning  to  show  his  sympathy  with 

§  99  1.  7.  rem  .  .  crudelem  .  .  nefariam :  alliiding  of 
course  to  the  circunistances  which  caused  this  sympathy,  not 
the  sympathy  itself. 

9.  quaestorium :  sc.  tahernaculum,  aedificium,  *  his  oflScial 
residence  as  quaestor,'  Livy  10.  32;  cf.  praetorium,  properly 
the  praetor's  tent.  Under  the  empire  various  names  were  given 
to  governors,  legati,  praefecti,  augustales,  Caesaris  correctores 
etc,  but  theii-  residence  was  nearly  always  called  qiiaestorium 

10.  praetore  Macedoniae :  i.e.  L.  Appuleius  Saturninus ; 
lie  was  propraetor  of  Macedonia  in  58  b.c. 

12.  eadem :  i.e.  Clodius' violence. 

13.  ceteros  :  e.g.  Vergilius. 

14.  ea  :  the  penalties  of  the  lex  Clodia. 

15.  subire  et  perpeti :  cf.  §  1. 

§  100  1.  15.  Tubero :  L,  Aelius  Tubero  was  an  intimate 
friend  of  Cicero,  well  known  for  his  prudence  and  his  erudition 

NOTES  137 

ijn-o  Lig.  §  10)  ;  accompanied  Quintus  Cicero  to  Asia  as  his 
legaius  in  60  B.c. ;  joined  the  Pompeian  party,  but  was  pardoned 
by  Caesar. 

16.  decedens  :  t.  t.  for  giving  up  comrnand  of  a  province. 

19.  ire  with  comparantem,  'preparing  to  go.' 

20.  necessitudinem :  Cicero  had  attacked  Verres'  mal- 
practices  in  Asia,  and  from  that  time  we  date  the  'friendly 

23.  persona  (probably  from  per-sSnare,  that  through  which 
the  sound  goes) :  a  mask  worn  by  an  actor.  It  is  used  in 
several  phrases,  e.g.  ^^(^fsonam  alicuius  agere,  ferre,  tenere  ;  per- 
sonam  suscipere  ov  induere  ;  personam  tiieri  \Phil.  8.  10)  ;  per- 
sonam  alicui  imponere  {pro  Sulla  3.  8).  ^?erso7i<x  thus  got  the 
meaning  of  personality,  individuality,  character,  and  lastly,  in 
a  concrete  sense,  a  personage  of  distinction,  a  rather  curious 
instance  of  which  in  English  is  the  word  '  parson.' 

XLII.  §.  101  ].  24,  excubiae :  properly,  watehing  outside, 
of  a  night-watch  on  out-post  duty. 

25.  vigiliae  :  lit.  keeping  awake,  a  keeping  on  guard  against 
an  expected  danger ;  used  of  four  men  who  relieved  watch  every 
three  hours. 

custodia :  the  act  of  guard,  then  the  place  where  the  guard 
is  set,  then  simpl}^  diligence,  watchful  care. 
52       1.  siquidem,  'if  it  turns  out  to  be  true  that,'  'if  indeed'  ; 
if,  says  Cicero,  I  fail  to  help  you,  then  all  the  epithets  miseras, 
fiehiles,  acerhas,  infelicem  are  justified. 

7.  peremisset,  'had  rendered  a&soZw^(sZy  impossible. '  per- 
imere  —  in  aeternum  tollere.  Cf.  pro  Sest.  §  49  sz  causam puhlicam 
mea  mors peremisset  'had  given  the  death-blow  to  .  .' 

8.  hos  =  the  jury,  and  even  the  prosecutor,  who  Cicero 
sees  belong  to  his  party,  the  Optimates,  and  consequently 
wishes  to  regard  as  his  friends. 

12.  poUicebar  .  .  promittebam :  the  usual  distinction 
made  is  promittere,  to  promise,  give  hope  of  a  thing  generally, 
Avhether  for  oneself  or  others.  polliceor,  to  spontaneously  offer 
wliat  lies  in  one's  power,  its  opposite  being  ahnuere. 

§  102  L  19.  te  cum  mea  salute  complecti :  te  =  tuam 
salutem,  'to  make  your  interests  and  mine  one.' 

21.  retinebo  :  i.e.  ne  in  exilium  eas. 

26.  divellat  ac  distrahat,  '  violently  sunder';  cf.  §§  1, 
13,  79. 


27.  non  ego  meis  :  note  here  two  peculiarities  of  the  order 
of  words  in  a  Latiii  sentence — (a)  the  negative  stands  first, 
'tlie  love  of  distinctness  led  the  Latin  writers  in  negative 
sentences  to  stamp  the  negative  form  on  the  sentence  as  soon 
as  possible '  Potts  LaL  Pr.  p.  59  ;  (^)  in  a  Latin  sentence 
pronouus  seem  to  attract  each  other  ;  cf.  Hor.  Carm.  4.  9.  31 — 

ncm  ego  te  meis 
chartis  inornatum  sileho. 

deprecor,  'intercede  for  '  a  person  ;  cf.  pro  Mitr.  §  1.  The 
usual  meaning  is  'to  try  and  avert  an  evil  by  cries,  eutreaties.' 
53        1.  parens  :  on  the  elder  Plancius  vide  Introd.  §  13. 

patres :  parens  =  merely  the  author  of  our  being,  a  pro- 
creator,  and  is  used  metaphorically  in  conjunction  with  cffedor, 
conservaior,  artifex,  procreatrix,  educatrix ;  pater  =  orve  who  is 
legally  recognised  as  head  of  a  family  or  an  association  of  any 
sort.  Cicero  called  himself  parens  Romae,  as  being  a  second 
founder  of  the  city  he  had  preserved  ;  pater  patriae,  as  the 
father  of  the  family  of  the  state,  who  exercised  his  right  of 
punishing  the  unruly  menibers  of  that  family.  Cf.  Juv,  8.  244 
Roma  parentem,  Roma  patrem  patriae  Ciceronem  libera  dixit, 
Flor.  3.  18,  Cic.  in  Pis.  §  6,  pro  Sest.  §  121. 

§  103  1.  3.  quos  .  .  suscepi,  '  whose  enmity  I  incurred. ' 

8.  id.  a  vobis  ei  persolvere,  '  to  discharge  by  your  assist- 
ance,'  lit.  by  your  draft,  a  mercantile  metaphor ;  cf.  ad  Att. 
5.  21  §  U,pro  Flacc.  §  46. 

§  104  1.  9.  C.  Alflus  Flavus  :  cf.  Introd.  §  5  ;  he  was 
plebeian  tribune  in  59  B.c.  when  Caesar  was  consul.  Although 
he  supported  Caesar'8  legislative  proposals,  he  was  unsuccessful 
in  his  candidature  for  the  praetorship  (m  Vat.  §  38) ;  in  54, 
however,  he  was  elected. 

11.  adiutor  fuisti :  of  this  we  have  no  details. 

16.  magno  in  metu  meo,  '  in  spite  of  my  serious  anxiety  ' 
on  Plancius'  behalf. 

19.  saepe  et  multum  =  almost  saejnssimc ;  cf.  de  Legg.  3 
§  33,  de  Off.  2.  20,  pro  Quinct.  §  3. 




As  stated  above  (§  14),  the  growth  of  corrupt  practices  in  the 
olections  at  Rome  had  reached  niost  alarming  dimensions. 
Legislation  was  continually  being  directed  against  it,  now 
against  one  method,  now  against  another,  but  the  evil  still 
continued  unchecked.  One  of  the  special  forms  of  corruption 
{amhitus,  cf.  §  15)  which  the  laws  attacked  was  the  sodalicia, 
or  collegia  sodalicia,  illegal  combinations  or  meetings  of  citizens 
in  order  to  iniiuence  the  elections.  The  employment  of  these 
sodalicia  was  the  crime  with  which  Plancius  was  charged  under 
the  lex  Licinia  de  sodaliciis. 

The  right  of  public  meeting  at  Eome  was  in  the  earliest 
times  quite  free  from  restrictions,  and  this  free-       „•  ^ 
dom  may  be  considered  to  be  as  old  as  Rome  ^     ^^' 

itself,  and,  in  fact,  a  characteristic  of  the  Latin  races.     Numa 
is  especially  mentioned  as  having  instituted  various  sacerdotal 
coUegia   and   guilds    of    handicraftsmen,    who    held    meetings 
regularly  ;  and  the  Feriae  Latinae  were  the  most  notable  out- 
come   of   this   Latin   federal    spirit.^      This   was   originally   a 
panegyris  of  the  Latin  race,  convened  on  the  Alban  mount,  to 
worship   Jupiter    Latiaris    and    deliberate    on   matters   which 
affected  the  confederacy.     In  the  earlier  times  of 
the   Republic  the  right  of  public  meeting  was    ^Kepubfi?^ 
allowed   to   burgesses,   but   was   limited   by  the 
administrative,  the  magistrates,  with  the  approval  of  the  senate, 
imposing  any  restrictions  they  thought  fit.     Thus  in  186  b.c. 
the  consuls  and  senate  in  the  senatus  consultum  de  Bacchanalihus 
forbade  the  meetings  of  the  Bacchic  guilds  without  referring  the 
matter  to  the  main   body  of  citizens  ;  ^  but  later  on,  e.g.  in 

1  Cf.  Livy  44.  19,  41.  16,  42.  10,  Mommsen  Rcnn.  Hist.  i.  ch.  2. 
2  Cf.  Livy  39.  8-19,  C.  I.  L.  1.  196. 


64  B.C.,  this  senatorial  right  was  questioned  by  the  popular 

party,    and    considerably   limited.i      Under   the 

RepubHc?^    later  Republic  the  right  of  forming  associations 

and   holding   public   meetings  was   still  further 

restricted.      The   senate   had    to   assure   themselves   that   the 

associations  were  not  calculated  to  disturb  the  common  peacc, 

the  places  of  meeting  were  fixed,  and  every  assembly  had  to  be 

presided  over  by  a  magistrate." 

Augustus'  laws  may  be  said  to  have  abolished  the  right  of 
Under  Bmpire  ^^ssociation.  In  Italy,  however,  and  the  senatorial 
provinces  leave  to  hold  meetings  was  sometimes 
granted  by  the  senate,  e.g.  symphoniaci  qui  sacris  publicis 
inaesto  sunt'^  were  allowed  to  meet  e  lege  Julia  ex  audoritate 
Aug.  ludorum  causa.  By  degrees,  of  couvse,  this  right  of  the 
senate  was  transferred  to  the  emperors,  who,  however,  very 
rarely  made  use  of  it,  and  did  all  they  could  to  discourage 
meetings  of  any  sort,  at  any  rate  in  Rome  itself.  Severus 
(a.d.  300)  was  the  first  emperor  to  reverse  this  order  of  things, 
and  from  his  time  onward  no  limitations  of  any  kind  were 
imposed  on  meetings  or  associations.  As  Th.  Mommsen'^  says, 
when  Rome  lost  its  rule  over  the  civilised  world,  then  the  right 
of  public  meeting  was  restored  to  its  citizens. 

.    .  In  classical  tiraes  the  associations  which  exer- 

a\°iiSmr^    cised   the  greatest  influence  on  public  matters 
were  of  three  kinds — 

(1)  sodalitates, 

(2)  collegia, 

(3)  sodalicia, 

the  members  of  all  three  being  called  sodales. 

(1)  The  sodalitates  were  specially  of  a  religious  nature.  Their 
Sod  l't  t  members  had  special  temples,  special  sacrificial 
ceremonies,  special  banquets  in  honour  of  some 
divinity,  and  in  these  respects  may  be  compared  to  the  brother- 
hoods  of  modern  Italy,  fonned  ostensibly  in  honour  of  some 
special  patron  saint,^  whose  name  they  bear.  Cato^  thus  talks 
of  sodales,  primum  Jiabui  semper  sodales.  sodalitates  autem  me 
quaestore  constitutae  sunt  sacris  Idaeis  magnis  Matris  acceptis. 

The  members  of  the  same  sodalitas  were  under  special  obliga- 
tions,  which  were  handed  on  from  father  to  son.     Thus  one 

1  Cic.  Corn.  Sull.  passim,  in  Pis.  4.  8. 

2  Livy  39.  15  ubicunque  multitudo  esset  ibi  et  legitimum  rectorcm  multi- 
tudinis  censebant  debere  esse. 

3  G.  vi.  4416.  4  Staatsrecht  i.  341. 
5  Or,  e.g.,  the  Fratelli  della  misericordia.  6  Cic.  de  Sen.  §  45. 


member  never  sued  another  at  law,  but  was  always  ready  to 
lend  assistancc  to  him  in  legal  difficulties.  No  sodaMs  ever  sat 
on  a  jury  when  the  prosecutor  was  a  member  of  the  sanie 
sodalitas.  As  in  our  Masonic  lodges,  if  a  member  at  his  death 
left  liis  children  unprovided  for,  the  sodales  took  measures  for 
their  education  etc.  This  system  of  mutual  assistance  was 
naturally  exteuded  to  municipal  matters  and  elections,  which 
afForded  the  best  opportunities  for  making  some  return  for 
benefits  received.^  Thus  the  lex  Servilia  {repetundarum)  for- 
bids  a  man  to  be  patronus,  or  iiidex  queive  eiei  [reo)  sohrinus 
siet  propiusve  eum  cognatione  attigat  queive  eiei  sodalis  siet  queive 
in  eodem  collegio  siet.  But  the  sodalitates  soon  degenerated 
from  their  originai  character,  and  became  instruments  of 
electoral  corruption.  In  56  B.c,  two  years  before  Plancius' 
trial,  senatus  consultum  factum  est,  ut  sodalitates  decuriatique 
discederent  lexque  de  eis  ferretur,  ut,  qui  non  discessissent,  ea 
poena,  quae  est  de  vi,  tenerentur.'^ 

(2)  The  collegia  were  really  guilds,  associations  of  persons 
who  (a)  held  the  same  office  or  (^)  practised  the  ^  „  . 
same  profession  or  trade,  and  their  original  object  "  ^^^"" 
was  to  further  the  interests  of,  and  improve  the  methods  of,  that 
profession  or  trade.  Like  the  sodalitates,  the  coUegia  had  their 
special  sacrifices  and  religious  rights,  the  same  mutual  obliga- 
tions  of  member  to  member.  As  instances  of  (a)  we  may  take 
the  collegia  pontificum,  augurum,  tribunorum,^  or  the  coUegium 
(or  magistri)  Mercurialium,  founded  (Livy  2.  27)  on  the  dedica- 
tion  of  the  new  temple  of  Mercury  :  as  new  gods  were  intro- 
duced  in  Rome,  new  coUegia  were  founded.'*  We  find  similar 
combinations  in  Greece,  e.g.  ot  'Ao-/cX??7rtd5at,  the  guild  for 
preserving  the  cult  of  Asclepius  and  furthering  the  interests  of 
the  profession  over  which  he  presided.^  (/3)  Trade-guilds  were 
raore  numerous,  e.g.  coUegia  fahrorum,  aerariorum,  tignariorum, 
ferrariorum,  sutorum,  fuUonum,  pistorum  etc,  most  of  which 
dated  their  foundation  in  remote  antiquity. 

These  coUegia,  like  the  sodalitates,  were  used  for  political 
ends,  and  in  68  b.c.  were  abolished  in  tlie  consulship  of  L. 
Caec.  Metellus  and  Q.  Marcius  Rex.  Clodius,  however  in 
56  B.C.,  in  response  to  the  repeated  appeals  of  the  rabble  of  the 
city,  passed  the  law  de  coUegiis  restituendis  novisque  instituendis, 
especially  referring  to  the  re-establishment  of  the  coUegia  com- 

1  Cf.  Tpro  Mur.  §  56,  Verr.  2.  1.  37,  de,  Or.  2.  200. 

^  ctdQ.  Fr.  2.  3.  5.  3  Livy  1.  20,  4.  4,  Pliny  //.  N.  18.  2. 

4  Monimsen  StaatsrecJit  ii.  134. 

5  Cf.  Plato  Rep.  405  d  6  tuv  'Acr/<AT>7ria6wj/  the  member  of  the  CoUege  of 


pitalicia,  or  street-clubs,  Cicero^  describes  the  rcsult  of  this 
law  :  collcgia  non  ea  solum  quae  senatus  sustulerat  restituta  sed 
innumerabilia  qaaedam  7iova  ex  omni  fa^ce  urhis  ac  servitio 

(3)  Tlie  sodalicia — or  more  properly  collegia  sodalicia,  as 
Sodalicia  sodalicius  is  an  adjective — were  really  only  a 
History,  special  kind  of  collegia  whose  sphere  of  work  was 
alraost  confined  to  politics,  Legislation  had  failed 
to  repress  the  right  of  public  meeting  or  forming  associations  ; 
political  liberty  kept  reasserting  itself,  and  the  sodalicia  were 
merely  the  sodalitates  in  a  new  form — a  revival,  not  a  new 
institution.  The  sodalicia  were  distinct  from  other  associations 
in  two  points — (i.)  they  were  entirely  political ;  their  avowed 
object  was  to  influence  the  elections  by  any  methods,  but 
cspecially  well  -  managed  bribery,  and  to  defend  any  member 
who  might  be  prosecuted  for  employing  the  methods  they 
enjoined  ;  (ii, )  the  sodalicia  were  more  elaborately  organised 
than  other  associations  ;  carefully  systematised  with  divisions, 
subdivisions,  and  affiliated  branches,  they  were  an  extreniely 
powerful  and  most  mobile  instrument  in  the  hands  of  such 
demagogues  as  Clodius.  Such  a  highly-developed  organism 
extended  its  influence  to  all  classes,  but  it  was  particularly 
successful  in  introducing  some  sort  of  system  and  discipline 
into  the  actions  of  the  city  rabble — the  perniciosa  sentina  rei 
publicae,^  as  Cicero  styles  tbem — with  the  result  that  the 
numerous  riots  and  brawls  of  the  time  were  ofteu  directly 
attributable  to  the  sodalicia. 

Of  the  constitution  and  methods  of  these  sodalicia  we  have 
considerable  information  in  the  de  Plancio.  Cicero  shows  that 
Plancius  has  not  pursued  various  methods  which  we  infer  were 
the  ordinary  methods  of  the  sodalicia.  Members  were  duly 
enrolled  (conscribere)  by  the  magister  collegii ;  the  whole  body 
of  members  was  divided  into  decuriae,  properly  bodies  of  ten, 
to  facilitate  the  distribution  of  bribes,  With  this  we  may 
compare  the  use  of  deicd^etu  in  Isocrates  and  Aeschines  in  the 
sense  of  '  to  bribe,'  literally  *  to  divide  into  bodies  of  ten.'  The 
money  promised  as  bribes  {pronuntiare)  was  distributed  by 
divisores  and  sequestres.     Thus  the  crime  of 

^  cojiscriptio  tribulium. 
decuriatio  tribulium. 
sodalicium  =\  pronuntiatio  pecuniae. 
discriptio  populi. 
divisio  pecuniae. 

1  proSest.  §  34.  2  cic.  Catil  1.  5.12. 


For  details  of  the  connexion  between  amhitus  and  sodalicium 
vide  Introd.  §  14. 

Thus  various  clubs  and  guilds  at  Rome  were  continually 
being  used  to  exert  illegal  influence  on  political  „ 
affairs,  and  were  as  continually  being  repressed  urn^ary, 
by  the  government.  An  exact  distinction  between  these  chibs 
cannot  always  be  drawn,  as  the  evil  seems  to  have  returned 
again  and  again  just  sufficiently  transformed  to  escape  exist- 
ing  enactments  ;  but  a  rough  classification  may  be  made  of 
sodalitatcs,  old  religions,  brotherhoods  instituted  for  the  raain- 
tenance  of  some  special  cult ;  collegia,  trade-guilds  to  ensure 
the  continuance  and  improvement  of  the  methods  of  some 
particular  profession  ;  while  sodalicia  were  purely  political  clubs 
of  members  of  one  tribe,  formed  with  the  avowed  object  of 
obtaining  certain  state  offices  for  certain  individuals. 


The  Eeadings  of  the  more  important  MSS.  in 
Passages  where  the  Text  is  uncertatn 

T  =  codex  Tegernseensis 
E=      ,,     Erfurtensis 
codd  =  codices,  i.e.  omnes  codices 
dett  =  deteriores  j-  vide  Introd.  §  40. 

om  =  onnttit 
Schol.  Vat.  =  Scholia  Vaticana 
Schol.  Boh.  =       ,,       Bobiensia 

§  2    videre  codd 

§  4    criminibus]  omnibus  E 

§  6    aut  (a  te),  potuisse  oni  T 

§  7  quid  tu  magni  dignitatis  T :  quid  tum  an  dignitatis  E: 
quid  tu  inanem  dett 

§  8  exilio  codd  \\  quoniam]  iam  qff)  T :  iam  quo  E:  quamquam 

§  9    dilectu  T  E 

§  10    maris  illud  esse  E 

§  13    aberat  T  E  \\  cum  te  non  videbam  T  E  \\  reliquisti 


T  E  II  iudicasti  codd  \\  ego  vero  te]  ego  aute  T  \\  ludi]  iudi  T: 

iudices  E 

§  14    simul  ut  et  qui  E 

§  15    tamen  nos  impetu  T E:  tanto  nosimpetu  dett 

§  16    nunc  quid  T  E  \\  adsequerer  T  E 

%  17    factum  om  T  \\  vestrum  T :  vestram  E 

§  19    suorum  municipum  honore  laetari  E:  suorum  munici- 

pium  laetari  T 

§  20    faverunt  T  E :  favebant  Schol.  Fat, 


§  21  laudanda  est  vel  etiam  amanda  codd  \\  illum  offici 
inte  T  \\  denique  a  nostra  ita  T  E 

§  24    timide  dico  T  E 

§  26    votis  omnibus  lacrimisque  T  E 

§29    atque  T  E\  atqui  o?e« 

§  30  tam  .  .  quam  E :  qua  .  .  qua  T  ||  generis  et  nominis 
T  E 

§  33  et  libere  om  Schol.  Boh.  \\  salutasset  ut  fit  dixisset  T  E 
\\  nostra  arrogantia  T  E 

§  34    pru  T 

§  37    cuiuscumque  tribus  T  E 

§  38    Teretinam  TE       ^ 

§  40    inscio]  necapinant^  sie  T :  in  sicco  E 

§  43    ut  si  quaesitor  T  E 

§  45    respectent  T  E  \\  volumus  T  E  \\  iram  codd 

§51  duabus  aedilitatis  acceptis  repulsis  T:  duabus  aedili- 
tatibus  repulsus  E 

§  52    de  summa  re  publica  T  E:  rei  publicae  dett 

§  57    aut  quid]  quod  T  E 

§  59    familia  T:   e  familia  E  \\  quae  rex]  gnarus  quare  T  E 

§  61    quod  triumpharant  T  E:  in  quibus  triumpharent  T E 

§  62    reprebenduntur  codd 

§  68    hoc  nomen  T  E  \\  aes  retinet  (is  T  E)  codd  aliquot 

§  69  quam  quod  pro  Plancio  T  E :  quam  pro  Plancio  dett  || 
patronum  esse  illum  T  E 

§  71  at  enim  nimis  ego  E :  nimiis  T  \\  molestia  T  E : 
modestia  dctt 

§75  contenderim  T E:  contenderit  c?e^^  aliquot  \\  id  ipsum 
T  E  II  dicere]  dici  T  E  \\  in  his  causis  T E:  is  in  causis  codd 

§  77  sicut  in  jT  ^  II  praeferam  T  E :  prae  me  feram  codd 
rell  II  populo  R.  et  gratiam  referri  T  E:  populi  R.  {vel  p.  R.) 
ei  gratiam  ref erri  codd  rell 

§  78  defugerim  T  E  ||  quia  saepe  concurrunt  propter  ali- 
quorum  T  E :  concurrit  codd  rell 

§  80    omnibus  me  virtutibus  E 

§  81    alitus  T  E 

§  88    quem  profecto  non  videbam  om  T  E 

§  89    tamen  ob  illam  quod  T  E 

§  91    debeo]  desino  codd 

§  95    arcem  codd 

§98    cum  tamen  T  E\  cum  tantum  efe«  ||  ad  Planciumque 


•  §  100    vi  inquam  T :  vi  me  inquam  E 

§  101    se  deorum  T 

146         cicerCs  oration  for  plancius 


Feom  C.  F.  W.  M{JLLER's  Text  of  1886 

§  2    [videre]  ego  scripsi 

§  6  aut  te  a  Plancio  aut  a  te  illum  dignitate  potuisse  superari 
ego  scripsi 

§  13    ego  vero  te  Weidner 

§  16    *non  recte,'  num  quid  adsequerere,  si  ego  interpunxi 

§  17    quoque  oniisi 

§  19    fin.  municipum  after  suorum  om  Cohet 

§  20    [municipe  suo]  Cobet 

§  22  admiranda  ego  scripsi  \\  illam  officii  rationem  Wunder\\ 
[non  in  manus  sumitur]  Wunder,  Keil 

§  30  genere  et  nomine  Garcitoni  :  C.  F.  W.  Milller  '  ad- 
modum  verisimile ' 

§  33  [et  libere]  Weidner ;  cf.  Muller^s  note  ||  nos^ra  T  E 
Schol.  Boh. 

§  37    [tum]  Keil 

§  40  tu  me  ignaro  .  .  .  iniquos  ?  non  spuria  ceoiseo :  tum 
me  vel  omisi. 

§  43    vel  si  Keil 

§  45    iram  Cohet 

§  50    secundo  T  E 

§  51    aedilitatibus  repulsus  E 

§  75    dicere  Cohet 

§  78  defugerim  T  E  \\  [gratia]  Karsten :  [propter]  ex  con- 

§  86     <inlatis>  Halm 

§  89    [cum]  Karsten  \\  constantiam  Mon^c.  2 

§  91    desino  codd 

§  95    arcum  Cohet  \\  mea  Karsten 

§  98    cum  etiam  tum  Madvig 

§  100    vi  me  <  vi  >  inquam  Orelli 


The  numbers  refer  to  the  sections  of  the  Speech.    Int. =Introduction 

abs  46 

acquittal  of  Plancius  Int.  §  9 

actio  Int.  §  30 

aculei  58 

adiumentura  23 

adjectival  predicate  27,  67 

adjectives  as  substantives  1 

aedilis  9 

aerarii  21,  Int.  §  18 

Africanus  60 

Alfius  104 

aliquando  34 

ambitus  Int.  §  14 

analysis  of  speech  p.  Ixxviii 

anaphora  9 

Antonius  33 

aposiopesis  96 

aquae  65 

arcnm  e  cloaca  95 

argumentatio  Int.  §  35 

Aristotle  Int.  §  25 

Asianism  Int.  §  26 

assiduitas  27,  67 

at  enim  53,  71 

Atilius  60 

Atina  19 

Atreus  59 

Attius  59 

auctiones  33 

audire  57 

Barcaei  84 

bimaritus  30 

Bobiensia  Scholia  Int.  §  43 

Bovillae  23 

Caelius  52 

Caesar  51,  52 

calere  55 

Calidius  69 

candidature  Int.  §  22 

canvassing  Int.  §  22 

capite  censi  Int.  §  18 

caput  18 

case  (circumstances  of)  Int.  §  2 

(details  of)  Int.  §  4 

casu  65 
Cato  20,  66 
Catulus  12 
chiasmus  6,  72 
Cicero  Int.  §  12 

(Quintus)  20 

Cicero's  rhetoric  Int  §  26 
circumstantia  Int.  §  29 
Cispius  75 
civica  corona  72 
clamitare  75 

classics  (mediaeval)  Int.  §  44 
Claudius  (App.)  51 
climax  9 
Clodius  Int.  §  12 



codices  Int.  §  40 

editicii  Int.  §  6 

coitio  22,  Int.  §  3 

editio  princeps  Int.  §  45 

collegia  Appendix 

editions  of  Planciana  Int.  §  46 

comitia  Int.  §  19 

elections   at   Rorae  Int.   §§  18, 

comitialis  morbus  Int.  §  20 


commemoratio  Int.  §  38 

elocutio  Int.  §  30 

commendatio  31 

enucleatus  10 

communis  sensus  31 

Erfurtensis  codex  Int.  §  41 

concessive  ut  10 

esse  videatur  4 

condicio  6,  10 

et  quidem  31 

Congus  58 

excors  70 

conscriptio  Int.  §  16 

excubare  101 

constitutio  Int.  §  29 

exile  (Cicero's)  lut.  §  12 

contamination  82 

existimatio  6 

contentio  5 

exitium  8 

continentia  3 

exordium  Int.  §  31 

contubernium  27 

expostulare  58 

contumelia  34 

exsto  2 

conturbare  68 

Corax  Int.  §  25 

Fabius  60 

Cornificius  Int.  §  27 

Fabricius  60 

correctio  52 

facilis  5 

corruption  at  Rome  Int.  §§  14, 15 

fautores  55 

Coruncanius  20 

Feriae  Latinae  23,  66 

court  Int.  §  5 

ferre  tribum  48 

Crassus  32,  33 

tides  1 

cum  with  ind.  29 

fidius  9 

Curia  70 

Fimbria  12 

Curius  60 

Flaccus  27 

Cyrene  13 

frugi  62 

fucatus  29 

decedere  65 

futilis  29 

declamator  83 

decuriatio  18,  Int.  §  16 

Gabii  23 

defetigari  12 

Gorgias  Int.  §  25 

demovere  53 

Granius  33 

de  scripto  74 

desiderare  12 

habere  55 

deteriores  codices  Int.  §  42 

haud  scio  an  &Q 

Didius  61 

hendiadys  51,  73 

dispositio  Int.  §  30 

Hermagoras  Int.  §  25 

Drusus  33 

Hortensius  37 

Duellius  60 

Hortus  Scipionis  Int.  §  20 

eblanditus  10 

iactari  11 



iactura  6 
ianua  8 
imago  18 
inimo  42 
incendium  95 
indicative  86 
infuscatus  23 
ink  Int.  §  43 
intellectio  Int.  §  28 
interest  of  speech  Int.  §  1 
interrex  Int.  §  2 
inventio  Int.  §  30 
invidia  75 
iteratio  11 
Julius  Caesar  52 
jussive  subj,  72 
iustitium  33 
luventia  tribus  19 
luventius  58 

Labici  23 
lacrimula  76 
largitio  Int.  §  16 
Latinae  Feriae  23 
Lemonia  tribus  38 
lex  Licinia  36,  Int.  §  16 

raagnum  fuit  86 
malle  omnia  59 
manare  57 
Manlius  12 
manuscripts  Int.  §  39 
Marcellus  60 
Marius  20 
medius  fidius  9 
memini  69 
metaphor  11,  44,  74 
Metellus  69 
mimula  30 
Minturnae  26 
miserabilis  83 
Molo  Int.  §  23 
municipium  19 
munire  viam  67 
mutare  vestam  29 

nam  quod  91 
narratio  Int.  §  32 
Nasica  33 
nimium  4 
nisi  forte  71 
nomen  68 
nonniliil  agere  83 
non  quo  56 
numerus  64 
numquidnam  65 
nuntius  49 
nusquam  esse  59 

observare  42 
obsoletus  75 
Octavius  51 
operae  46 
Opimius  69 
oratory  Int.  §  23 

palimpsests  Int.  §  43 

parataxis  13 

parens  102 

parricida  70 

patres  8 

Pedius  17 

perdere  86 

perdifficilis  5 

Pergamon  Int.  §  25 

period  25 

peroratio  Int.  §  38 

persona  100 

Philippus  52 

Piso  12 

Plancius  Int.  §§  11,  13 

pleonasm  1 

Plotius  17 

polliceor  101 

Pompey  25,  92 

ponderare  84      .  ' 

posco  48 

postponement  of  elections  Int. 

postulo  48 
potential  use  of  subj.  40 



praefectura  19 
praemandata  31 
Praeneste  63 

praerogativa  49,  Int.  §  21 
probatio  Int.  §  33 
professio  14 
proletarii  Int.  §  18 
promitto  101 
promptnm  habere  34 
prononns  (position  of)  102 
prooemium  Int.  §  31 
proofs  Int.  §  33 
prosecutor  Int.  §  10 
publicani  23 

quaesitor  43 
quaestorium  99 
quam  30 

Quintilian  Int.  §  25 
quo  usque  75 

Racilius  77 

ratio  23 

recordor  69 

refrigere  55 

refutatio  Int.  §  34 

reicio  33 

religio  31 

reliqui  3 

rhetoric  Int.  §  23 

Rhodes  84 

Rhodian  oratory  Int.  §  26 

rhythm  4 

Rufus  52 

Rutilius  52 

Sacerdos  27 

scaena  29 

Scaevqla  33 

Scholia  Bobiensia  Int.  §  43 

scilicet  72 

Scipio  51 

secundus  94 

Seius  12 

senatus  populusque  42 

sermocinatio  12 

simulatio  1 

societates  30,  Int.  §  13 

sodalicium  Int.  §  17,  Appendix 

solidus  29 

sophists  Int.  §  25 

status  Int.  §  29 

Stoics  Int.  §  25 

subjunctive  40,  56,  72 

suflEragari  1 

supplicari  12 

symphoniaci  Appendix 

synonyms  1 

tabellae  49 

tector  62 

Tegernseensis  codex  Int.  §  40 

tempora  1 

tensa  83 

Teretina  tribus  21,  38 

text  Int.  §  39 

tractatio  Int.  §  33 

training  in  oratory  Int.  §  28 

transitio  12 

tribuni  aerarii  21 

tribus  38 

trochaics  59 

Tubero  100 

Tullus  51 

ultro  24 

unus  ex  65 

ut  concessive  10 

value  of  votes  Int.  §  21 

Vergilius  95 

vetus  22 

via  sacra  17 

vitia  27 

Volcatius  51 

voting  49,  Int.  §  20 

witticism  34 


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